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(영문) 대전지방법원 공주지원 2017.09.01 2017고단192
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2017, when the Defendant driving a B rocketing car at around 20:05, and driving a 40-day national highway at the 165-2 Haak-dong 165-2 at the time of official week into an interest-free screen, the Defendant was negligent in the course of performing duties that did not properly bom the steering gear and operation apparatus in an inaccurate manner, and the back portion of the victim C(51) driving driven by the said road at the time was moved into the front part of the said vehicle, and the Defendant immediately stopped and escaped without taking measures, such as aiding the damaged person, even though the Defendant suffered from various spambling, etc. requiring treatment for about 2 weeks of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on the settlement of reported cases, a survey report on actual conditions, and a criminal investigation report;

1. Application of the Acts and subordinate statutes governing diagnostic certificates and accident site photographs;

1. Relevant Article 5-3 (1) 2 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommended punishment] In the event that a minor injury occurs to the mitigated area (six months to one year), the mitigated area (special mitigation person] [the person who has been specially mitigated] [the decision of sentence] [the decision of sentence]] the defendant has the same criminal records, and the defendant selects imprisonment.

However, it shall be taken into account that the defendant is led to confession, violates depth, and the degree of injury of the victim is not serious, and that a certain degree of damage is likely to have been recovered due to comprehensive insurance.

In this context, the defendant's age, sex, occupation, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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