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(영문) 인천지방법원 부천지원 2016.04.27 2016고단484
특정범죄가중처벌등에관한법률위반(도주차량)
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 a period of two 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 a car in the B test.

On February 12, 2016, the defendant, around 23:37, was driving ahead of the 177-0th of the Nongcheon-si, Seocheon-gu, Seocheon-si, the 177-0th of the road.

At the time, since it is night, and there are frequent passage of people, there was a duty of care to safely proceed after checking whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the left and right of the way.

Nevertheless, the Defendant failed to properly examine the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Ultimately, even though the Defendant suffered injury to the victim, such as the left-hand one2 week executives in need of treatment due to such occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. A traffic accident report;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Order and Order to Attend Education [the scope of recommended punishment] The basic area (from August to one year and six months) (including special mitigation (including serious efforts to recover damage)] / Where illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Teaching Service and Order to Attend Education is emphasized [the decision of sentence] where the defendant led to the crime of this case.

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