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수원지방법원 안산지원 2013.10.08 2013고단1888
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 became final and conclusive.

Reasons

Punishment of the crime

On March 19, 2013, the Defendant: (a) driven BF car as a business of 00:40 on March 19, 2013; (b) proceeded in the speed of 516, the 3-lane of the shooting distance in front of the Hospital annexed to the Korea University Hospital affiliated to the Korea University, in the speed of 60km to the central air basin, along three-lanes of the 516-lane away from the top of the shooting distance; (c) by negligence, the Defendant was driven by the victim C, driving on the right side of the mast direction to the right side of the Man-si; and (d) was driven by the Defendant as the front part of the Kan-si in front of the Kan-si.

As a consequence, the victim suffered scopic scopic scopical scopics requiring treatment for about three weeks, and at the same time, the scopic scopic scopic scopic scopic scopic scopic scopics (9,174,716), but did not immediately stop and stop

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A medical certificate;

1. Written estimate;

1. A traffic accident report (1) (2);

1. A traffic accident-related photograph, accident site photograph, witness, driver's vehicle, fluorial image, or abstract photograph;

1. A witness, a vehicle box, a video CD;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 50 pages, 56 pages, 58 pages, 63 pages, 109 pages);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination as above is based on the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act is against the defendant; (b) the degree of damage to the victim; and (c) the defendant is covered by a comprehensive insurance; and (d) the victim is not punished.