2013 Highest 1744 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

A person shall be appointed.

Park Jong-chul (Public Trial) (Public Prosecution)

Attorney Kim Jae-young (Korean National Assembly Line)

September 6, 2013

A defendant shall be punished by imprisonment for not less than six months.

Facts of crime

The defendant is a person who is engaged in driving a knife of 000 knife.

On February 17, 2013: Around 02: 42, the Defendant, while driving the above vehicle, was negligent in driving the celebly celebly Yecheon-dong, Ulsan-dong, Ulsan-gu, Ulsan-do, on the front side of the front direction of the front direction of the victim B (the age of 21) who dried the crosswalk on the left side of the front direction of the person under his occupational negligence, caused the victim to use the lower part of the victim B (the age of 21) on the front part of the Defendant's vehicle in front of the front direction of the front direction.

Ultimately, the Defendant, by such occupational negligence, sustained bodily injury, such as cerebral cerebrs, which does not have any open room within 8 weeks for the victim to receive approximately 8 weeks medical treatment, and attempted to flee without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. C’s statement;

1. A medical certificate;

1. A traffic accident report (1) (2) (2) (3) and photographs;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and subparagraph 1 of the imprisonment with prison labor;

Articles 53 and 55(1)3 of the Criminal Act

Reasons for sentencing

1. Scope of the recommended sentence according to the sentencing criteria;

The mitigation area among the types of escape after the injury of the traffic crime group (where there is a substantial negligence on the victim)

From six months to ten months of imprisonment; or

2. Determination of sentence;

The accident of this case is an element of sentencing favorable to the defendant that the victim has a pedestrian red signal with a heavy negligence in the occurrence of the traffic accident, that the victim has no criminal records of suspended execution or more, that the defendant has deposited four million won for the victim.

In light of the time of the accident, the degree of injury of the victim, and the extent of the damage of the victim, if the defendant did not take relief measures by the taxi engineer who had been in the accident site at the time of the accident, the more damage could occur, and the defendant did not take any measures for self-denunciation or any other relief measures even though the police officer had been at the time of the accident site when the accident site is being settled by the police officer after the accident in this case, he did not take any measures for self-denunciation or any other relief measures, and the fact that the victim and the defendant did not agree with the victim is very bad.

Considering such factors, considering the above factors of sentencing, the sentencing factors favorable to the defendant are more serious, and thus, the defendant is bound to be sentenced to the sentence.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the age, character and conduct, and environment of the defendant.

Judges Jeong Sung-ho