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(영문) 대구지방법원 김천지원 2013.11.07 2013고단1070
특정범죄가중처벌등에관한법률위반(도주차량)등
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

On July 18, 2013, the Defendant: (a) driven the Category B NAS car by services around 01:10, while neglecting the duty of e.g., the two-lanes of the e.b., e., the e., the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e. the e. the e.

As a result, the Defendant suffered injury to a victim for about 30 days of medical treatment due to the above occupational negligence, and at the same time, did not immediately stop the victim's car and take necessary measures, such as aiding the victim, even though the Defendant destroyed the victim's car so that the amount equivalent to KRW 1,511,242 is equivalent to the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement statement, report on occurrence of a traffic accident, report on a traffic accident, report on each investigation, and photograph of damaged vehicle;

1. Application of Acts and subordinate statutes, such as a written diagnosis, estimate, and additional written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of escape after occupational injury) and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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 [the decision of type] for sentencing under Article 62-2 of the Order to Attend shall be [the person who has a special appearance] - mitigated elements: In the mitigated area [the decision of the recommended area] mitigated areas [the scope of recommendations] 6 to 10 months [the person who has a general appearance] mitigated areas, 6 to 6 months [the scope of recommendations] aggravations: Article 3(2) of other special school Acts.

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