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(영문) 서울중앙지방법원 2014.06.25 2014고단2825
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except 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

The defendant is a person who is engaged in driving a three-dimensional vehicle.

On October 26, 2013, the Defendant driven the above vehicle on October 26, 2010: (a) while driving the vehicle, and driving the road in front of 5-12, Seocho-gu, Seocho-gu, Seoul, Seocho-gu, 55-12, to the guard club room on the pressure-driven 119-dong, the Defendant neglected the front-time room, and, due to the negligence of driving the vehicle in violation of the signal, shocked the left side part of the victim D (the age of 51) who was crossing the crosswalk according to the pedestrian signal to the front-hand part of the above vehicle.

The Defendant, by such occupational negligence, caused the victim to suffer from a pelvis fry, etc., which requires treatment for about two weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A traffic accident report;

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, the Selection of Punishment, etc., and Article 268 of the Criminal Act.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Six months to ten months from the scope of imprisonment with prison labor for the recommended sentencing criteria (the traffic crime group, the type of escape after injury or injury, and the area of mitigation after mitigation);

2.The decision of the court below shall be made in consideration of the scope of the above recommendations and the following circumstances:

D. Unfavorable circumstances: Circumstances that are favorable to the poor nature of the crime, such as the shocking of the victim who walked on the crosswalk with the defendant's vehicle without taking any measure: the degree of damage suffered by the victim is relatively minor and the damage is likely to be substantially recovered by the comprehensive insurance; sentencing conditions indicated in the records, such as the defendant's age, character and behavior, and environment;

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