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(영문) 대전지방법원 논산지원 2014.03.25 2013고단587
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 October 24, 2013, the Defendant driven a mix B pressle car on the 20:40 on October 24, 2013, and got the victim to go beyond the floor by driving the upper part of the victim C (e.g., the 63 years old) driving in the same direction as the front part of the right-hand side of the Defendant’s malle, which was driven in the same direction, without sufficiently examining the front side and the left side while driving the road from the malutite to the mar in the direction of the marg.

As a result, the Defendant suffered injury to the victim, such as the blood electric shock, which requires medical treatment for about 24 weeks, and at the same time escaped without immediately stopping the victim, even though it damages the victim's urbine in an amount equivalent to KRW 1,170,000 for repair expenses, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol regarding C;

1. The application of each description in the actual condition survey report, field photograph, investigation report (specific vehicle for the purpose), CCTV photograph, ozone-to-land photograph, and each diagnosis document, or the application of statutes on images;

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

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for not less than six months nor more than fifteen years (ordinary concurrence, choice of imprisonment, and discretionary mitigation);

2. Sentencing - Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment) - Traffic Crime Group, and Type 1 (Withdrawal after Injury) of Escape after Traffic Accidents (Scope of Recommendation) mitigated area: Imprisonment with prison labor for not less than six months.

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