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(영문) 대전지방법원 논산지원 2014.02.11 2014고단18
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 holder of Chived vehicle.

On December 20, 2013, the Defendant driven the pertinent car, which was not mandatory insurance, and went through one-lane road in front of the Seogsan Sinsan Sinsan Sinsan City, from the direction of the Seogsan Sinsan Sinsan City to the Escop, and was going to the Escopian. The Defendant received the victim D (ma, 79 years old) who was crossing the road from the front side of the vehicle of the Madin Defendant’s vehicle, due to occupational negligence, which did not properly see the front and rear side and the left side while driving the Escop.

As a result, the defendant suffered damage to the side spons within the right spons that need to be treated for about six weeks, and the defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to D;

1. The application of each entry in the actual condition survey report, CCTV images, registered foreigners card, diagnosis certificate, carving, mandatory insurance council, and other Acts and subordinate statutes; and

1. Relevant legal provisions concerning facts constituting an offense, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of automobiles which are not mandatory insurance and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment: Imprisonment for not less than six months to not more than fifteen years (selected of imprisonment, aggravation of concurrent crimes, and discretionary mitigation);

2. Sentencing criteria:

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Penalty], Traffic Crime Group, and Escape Type 1 (Desertion after Injury) after Traffic Accidents: Reduction area.

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