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(영문) 서울중앙지방법원 2013.11.29 2013고단5914
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 05:20 on July 15, 2013, the Defendant: (a) driven a rocketing taxi in Seongbuk-gu, Seongbuk-gu, Seoul; (b) driven the three-lane road of Hancheon-ro, Hancheon-ro, Seoul at a speed of about 30km at a speed of about 30km in accordance with the two-lanes of the above road from the long-distance distance shooting distance; (c) while driving a vehicle with the duty of care to safely drive the vehicle while driving the vehicle well at a speed of about 30km; (d) while driving the vehicle, the Defendant neglected the duty of care to prevent accidents by driving the vehicle in advance; (d) while driving the vehicle while driving the vehicle, the victim D (30 years of age) who was waiting for the signal above the front-distance crosswalk, was driving the vehicle in front of the vehicle driven by the Defendant; (d) while driving the vehicle in need of treatment for about 2 weeks, the Defendant did not immediately repair the victim; and (e) did not repair the vehicle in question.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of the actual survey report;

1. Application of each Act and subordinate statute to include a copy of a written diagnosis and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., grounds for discretionary mitigation);

1. The scope of the recommended sentence according to the sentencing guidelines / [type] traffic crimes, escape after traffic accidents, and escape after bodily injury (type 1): Reduction element: Minor injury has occurred.

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