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(영문) 서울남부지방법원 2015.06.11 2015고단1598
특정범죄가중처벌등에관한법률위반(도주차량)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

On April 12, 2015, at around 01:30, the Defendant: (a) while driving a string-down taxi near Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “String-gu”) at the ecC124 C-C-E (26 years old) of the victim D(26 years old) driven by the driver of the string-gu Office of Gangseo-gu to turn to the left by failing to comply with the signal signals under the stop signals; and (b) caused the victim and the passenger F(n, 29 years old) to escape without taking the front wheels of the victim D(24 years old) who was going to go to the string-gu Office of Gangseo-gu to the right side of the taxi; and (c) at the same time, the victim and the passenger F (n, 29 years old) who was taking the front wheels of the taxi to receive approximately two weeks of medical treatment, and at the same time, damaged the repair cost, such as exchange of the above 200,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. The actual condition survey report;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [No person who has the basic area (the person who has a special appearance) (the decision of sentence] (the person who has a special appearance) after traffic accident / [the decision of sentence] the circumstances leading to the instant crime, the degree of damage, and the fact that the defendant was punished for the suspension of execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around 2013, etc., although the criminal liability is not easy, the defendant is recognized and against the crime; the degree of injury is relatively minor; the defendant's age, character and behavior, environment, and circumstances after the crime, etc.

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