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(영문) 대전지방법원 논산지원 2014.12.23 2014고단422

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 10, 2014, around 19:50 on September 10, 2014, the Defendant driven a golf car, and moved the road to the south of the Busan metropolitan area, or entered the opposite lane in accordance with the festbolism of the fluentbbbbbbbb in the fluent-dong, the Defendant received the part of the front right-hand part of the Defendant’s car driving right-hand part of the victim C (n., 42 years old) driving, which was going to go normally due to the occupational negligence, going to the opposite way and going to the opposite way.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of treatment for about three weeks, and at the same time, destroyed the victim's car to be repaired in KRW 3,163,268, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of the provisions of the Acts and subordinate statutes to each item of the actual condition survey report, each photograph, diagnostic document, and written estimate or image;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 268 and 54 (1) of the Criminal Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for not less than six months nor more than fifteen years (ordinary concurrence, choice of imprisonment, and discretionary mitigation);

2. Sentencing Criteria - Crime in Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Penalty], Traffic Crime Group , Type 1 (Withdrawal after Injury) of Escape after Traffic Accidents / Special mitigation Area: Imprisonment for three months from March to October: Self-denunciation.