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(영문) 대전지방법원 논산지원 2014.02.25 2013고단523

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 November 19, 2013, the Defendant, at around 23:24, driven a hurb, driven a hurd vehicle, and did not properly verify whether or not the distance prior to the Seosan post office, which is going through the intersection from the Yaeaart to the marked restaurant, was driven by the occupational negligence of the Defendant entering the intersection, and received the back part of the part of the victim C (Nam, 49 years old) driving, which is going to the right side from the left side of the course of the Defendant’s course, as it was, from the Defendant’s driver’s vehicle.

As a result, the Defendant suffered injury to brain-dead, etc. that requires medical treatment for about three weeks, and at the same time, the Defendant left the cab to the 646,829 won for repair expenses without immediately stopping the cab and escape without taking necessary measures, such as providing relief to the son.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement in C and E;

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 - Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of a Penalty) shall be applied to traffic crime groups, and injury by Type 1 of escape after traffic accidents.