(영문) 대구지방법원 2016.06.23 2016고단824

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(영문) 대구지방법원 2016.06.23 2016고단824

특정범죄가중처벌등에관한법률위반(도주차량)

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:40 on September 16, 2015, the Defendant: (a) driven BT110 Oral Ba, and neglected to take the front side of each report from the front side of Tae-gu North Korea to the cT110 Oral si; (b) neglected to take the front side of each report from the front side of Tae-gu, Daegu; (c) due to negligence in the course of business in which the report was invaded on the sidewalk, and (d) went to the victim C (the 49 years old), who was faced with the sidewalk before the end of the report, got the victim under the front part of the reported part; and (d) went to the victim without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. 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 committed;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture [the scope of the recommended sentence] : (a) [the person subject to special mitigation] [the person subject to special mitigation] mitigated area (including efforts to recover damage] - the defendant has escaped without taking any measures to avoid traffic accident; (b) the degree of injury inflicted on the victim is significant - The victim does not wish to punish the defendant; (c) the victim does not wish to punish the defendant by agreement with the victim; (d) the defendant reflects the crime of late and has no record of being sentenced to a suspended sentence or heavier punishment; and (e) the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc. shall be determined by taking into account the various factors indicated in the arguments of this case, such as the following circumstances.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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