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(영문) 제주지방법원 2016.06.02 2016고단414
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B carren car.

On October 25, 2015, the Defendant driven the above car at around 16:00, and led to the passage of the intersection of the private distance in front of the Nam-gu Incheon Metropolitan City, Nam-gu, to the direction of the south-gu Office.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to see the front side and to operate the steering and steering system accurately and safely.

Nevertheless, the defendant neglected this and proceeded with the victim D, who was standing a road from the right side of the defendant's moving to the left side of the road by the negligence in the course of his duties, which led to the defendant's failure to see the front part of the passenger car.

Ultimately, even though the Defendant suffered injuries, such as salt dump, etc. in need of two weeks of medical treatment due to occupational negligence above, the Defendant escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A report on investigation, a report on the handling of reported cases, and a report on a traffic accident (the report on actual status);

1. Each medical certificate, written confirmation of hospitalization, a detailed statement of hospitalization, and a medical record paper;

1. Application of Acts and subordinate statutes to photographs by cutting down a screen of a witness's black stuff image;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the scope of the sentence [the range of the punishment [the range of the recommended punishment] is minor in the mitigation area (six months to one year) (the person who has been specially mitigated] after traffic accidents.

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