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(영문) 인천지방법원 2015.05.07 2015고단1350

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 28, 2014, the Defendant operated the car in front of the Seo-gu Incheon Metropolitan City Cbuilding, and was driving the car in the direction of non-working from the surface of the inspection distance.

However, the victim D (78 years old) who crosses the road to the right side from the left side of the running direction due to negligence in violation of the duty of safe driving by neglecting the Jeonju City, was not found, and the part on the left side of the said passenger car received the above victim's body parts.

Along with this shock, the victim suffered an open frame of both the body body of the 16 weeks and the body body of the main body, which requires treatment for about 16 weeks, the victim was stopped immediately and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the actual survey report and the results of traffic accident analysis;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the order to provide community service or attend a lecture where the victim is negligent in causing traffic accidents or expanding damage, in the mitigated area (6 to 10 months) (including specially mitigated persons) of the first type of escape after traffic accidents, and where the victim is negligent in causing traffic accidents or expanding damage (including efforts to recover damage), / Where a serious injury has occurred, or where a significant danger to life has occurred due to escape (1 and 2) [the decision of sentence] imprisonment with prison labor for eight months, suspended sentence two years, community service, 80 hours, and order to attend a lecture for 40 hours;