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(영문) 청주지방법원 제천지원 2017.01.12 2016고단405
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B, the test.

On September 15, 2016, when the Defendant driving the above vehicle at around 06:50, and driving the road on the 59-lanes of the national highways at the 59-lane C in front of Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, without accurately operating the direction device and steering gear at the west-Eup, escaped without taking necessary measures, such as aiding and abetting the injured party by his occupational negligence going through the central line, without accurately operating the direction device and steering gear, on the part of the injured party E (n.e., 62 years old) who driven the opposite vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G (including the E part);

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A medical certificate;

1. Blucs camblings and video CDs for damaged vehicles;

1. Application of the statutes governing traffic accident photographs;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime and the selection of punishment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (one year from June to one year) (the person subject to special mitigation] after traffic accidents; and

3. Determination of sentence: Determination of sentence by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

In addition, the central line did not take necessary measures to keep the traffic accident while breaking the central line, and did not receive a letter from the injured party.

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