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(영문) 제주지방법원 2017.03.24 2016고단2492
특정범죄가중처벌등에관한법률위반(도주치상)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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car at C.

On October 27, 2016, the Defendant driven the above car at around 05:38, and continued to move to the discharge of movable property at the seat of the D Island at the seat of the Jeju Island.

The Defendant, by negligence while driving at the front of the vehicle at the time, was driven while driving the vehicle at the front of the vehicle in front of the traffic signal in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim E (hereinafter referred to as the 40-year-old driver) who was standing the vehicle at the front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle, and caused the vehicle in front of the vehicle in front of the vehicle in front of the vehicle.

As a result, the Defendant caused the victim E by such occupational negligence to suffer salt and tensions that require approximately two weeks of treatment. The Defendant destroyed the said rash car to repair cost to the extent equivalent to KRW 899,886, and the victim G to repair the said rash car owned by the victim, without taking necessary measures, such as immediately stopping the car and providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police concerning E, and statement of traffic accident-related person (G);

1. Application of relevant photographs (2) , internal investigation reports (F damage status, net 16), photographs of damaged vehicles (net 17), diagnostic documents (net 18) , traffic accident reporting (net inspection reports) Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident);

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

1. Selection of each sentence of imprisonment;

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

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

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

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