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(영문) 의정부지방법원 고양지원 2014.11.18 2014고단1843
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 person engaging in driving a BMW car.

At around 23:00 on April 16, 2014, the Defendant proceeded at a speed of 50km per hour on the side of the Sinyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, at a speed of 50km per hour, toward the side of the Sinyang-gu, Seoyang-gu, Seoul.

Since there is a center line of yellow solid lines, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle with a duty of care to safely drive the motor vehicle by looking at the passage of people without the center line.

Nevertheless, the Defendant neglected this and went beyond the center line while driving a roadside while under the influence of alcohol, and caused the victim D (the age of 17) who walked at the left side of the road driving direction of the Defendant to shock the front side of the said car.

Ultimately, even though the suspect suffered injury, such as the left-hand flag abandonment, etc., which requires treatment of the victim at least eight weeks due to such occupational negligence, the suspect immediately stopped and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Accident vehicles and on-site photographs;

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, Article 268 of the Criminal Act and selection of imprisonment with prison labor;

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 on orders to provide community service and attend lectures;

1. The sentencing guidelines [Scope of Recommendation] shall be the range of sentence compared with the sentencing guidelines [where illegality in the proviso of Article 3 (2) of the Education Specialized Law is serious (driving driving and the median of central line) in the mitigated area (6 to 10 months) (special mitigation), the number of persons subject to punishment, the number of persons not subject to punishment, the number of persons subject to punishment, the number of persons subject to punishment, the number of persons subject to punishment, and the range of sentence compared to the recommended type after traffic accidents: Six months to ten

2. Sentence;

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