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(영문) 서울남부지방법원 2018.11.06 2018고단4729

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 23:30 on June 4, 2018, the Defendant: (a) driven a BEF rocketing car and proceeded ahead of the exit 130 Dolle, Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul, to an additional basin from the air basin; (b) caused the Defendant’s negligence by the Defendant’s collisioning the central line in order to overtake the sports cargo at the front direction of Geumcheon-gu, Geumcheon-gu, Seoul, to turn to the right side of the said vehicle to the left side of the said vehicle; (c) caused the victim F. (65) who was stopped to turn to the front side of the said vehicle at an elementary school level; (d) caused the victim F. (65 si to take the front side of the said stringe to undergo treatment for about three weeks in front of the said stringe car; and (d) caused damage to the said 38 Domine to the said 37 Domine, and (e) caused damage to the said 38 Domine, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of C and F;

1. A traffic accident report;

1. Report on internal investigation and telephone communications for witnesses;

1. An accident scene photograph;

1. A medical certificate;

1. Application of the written estimate for improvement;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act (the point of escape after the injury or injury inflicted on duty) concerning the crime, Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after the traffic accident);

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the scope of the recommended sentence) of the suspended sentence shall be the first type of the escape after traffic accidents.