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(영문) 제주지방법원 2015.08.21 2015고단191
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in the duty of driving the Cknife vehicle.

At around 06:10 on December 11, 2014, the Defendant driven the above van, and led the road to the right from the south elementary school of the Republic of Korea before Seopopopo City, Seopopo City.

At the time, the victim E (the age of 54) was driving a horse at the front direction of the defendant's driving, so the defendant engaged in driving of the motor vehicle had a duty of care to look at the situation of the front direction well and to operate the steering gear accurately and safely.

Nevertheless, the Defendant neglected this and neglected to load the above rupture with the front part of the above rupture, caused the victim to suffer injuries, such as salt, tensions, etc. of a trend that requires treatment for about two weeks away from the rupture, and also escaped without taking measures, such as causing danger and interference with traffic, such as spreading a rupture due to shock, and spreading at the accident site, and saving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. The actual condition survey report;

1. On-site photographs;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: 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 (the point of failing to take measures after an accident);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Order of community service: The reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as per the order in consideration of all the following sentencing guidelines and other circumstances:

(Sentencing Criteria) The types of recommendations shall be recommended.

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