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(영문) 대전지방법원 2013.04.08 2013고단327

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not more than ten 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 driver of C Vehicle.

On December 22, 2012, around 06:22, the Defendant, at the Busan Police Station at the front of the entrance of the government office building located in Seo-gu, Seo-gu, Daejeon, where a signal, etc. was driven to the chilling bridge at the front of the entrance of the government office building, and by occupational negligence, violated the signal, and escaped without taking necessary measures, such as aiding and abetting the victim D (15 years old) and the victim E (15 years old) who walked on the chilling of the chilling crosswalk pursuant to the pedestrian signals, by failing to comply with the signal, and having the victim E (15 years old) receive the said car from the above chilling to the chilling of the pedestrian, and making the victims stop immediately, and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. The actual condition survey report;

1. Photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone, such as the victim, etc. / Reporting on the arrangement of contents of victim E and D video recording);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. In light of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, violated the signal while driving a motor vehicle, and did not take proper relief measures to inflict an injury upon the victims who passed the crosswalk, etc., the liability for the crime cannot be deemed to be less severe.

However, the defendant is the first offender who has no criminal history, and all of the crimes have been led to this court, and confessions all of them, reflects their mistakes in depth, informed the victims immediately after the accident, and the piracy is covered by a comprehensive insurance.