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(영문) 의정부지방법원 2020.06.02 2019고단5127

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving BM7 vehicles.

On June 24, 2019, when the Defendant proceeds in two-lanes of the Ddo four-lanes of the Ddo four-lanes in the front of the Sin-si, Sin-si, Sin-si, Sin-si, in order to protect the victims who are placed on the front crosswalk from the second accident, if he is negligent in performing his duty of care to safely examine the front left, and prevent the accident, and if he proceeds in a traffic accident due to the negligence that occurred due to the preceding accident while neglecting the duty of care to prevent the occurrence of the accident, the driver tried to escape without any rescue measures at the site after he damages the e (54 years old, n.e., the f., the f., the f., driving f., and the upper part of the f. F. F. F. F. F., in order to protect the victims who were placed on the front crosswalk from the second accident, and at the same time, it was difficult to inflict the injury such as the f.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on a traffic accident (1) on actual condition and a report on the occurrence of a traffic accident;

1. A medical certificate;

1. Written estimate;

1. Application of on-site photographs, photographs of harming vehicles, photographs of damaged vehicles, motion picture images, and CCTV video-related Acts and subordinate statutes;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage to property by negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment and limited imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is very poor for the crime of this case, the defendant committed the crime of this case even though he had a conviction of drinking alcohol, including a conviction of probation, even though he had a previous conviction of driving without a license, the above previous conviction has been recently committed, the defendant has agreed with the victim, and the victim has agreed.