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(영문) 서울중앙지방법원 2013.09.06 2013고단3848
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on June 12, 2013, the Defendant was driving a Cro-type taxi and proceeded with the second line road at a speed of about 30 km at the speed of about 30 km in accordance with the above road, from the front side of the riran Elementary School located in Seongbuk-gu Seoul, Seongbuk-gu 140-9, at a speed of about 140 km from the front side of the riran Elementary School. On the front side of the above road, there is an intersection where the left-hand turn is prohibited. As such, the Defendant was negligent in failing to turn the left-hand to the left, and did not find the victims D (36 years old) who used the riro-type taxi and the victims E (36 years old), and did not get victims to go beyond the road, and did not immediately stop the victim's back to the left-hand side and did not take necessary measures, such as cutting off the back to the left-hand side of the victim, and did not take necessary measures, such as pressing the victim's.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of each traffic accident situation statement prepared by E and D;

1. Entry of the actual survey report on traffic accidents;

1. Application of each statute to each written diagnosis;

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 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., grounds for discretionary mitigation);

1. The scope of the recommended sentence according to the sentencing guidelines [type] traffic crimes, escape after traffic accidents, and escape (type 1) after bodily injury (special imprisonment): The victim is also negligent in causing traffic accidents;

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