(영문) 대전지방법원 2016.04.27 2016고단207

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(영문) 대전지방법원 2016.04.27 2016고단207

특정범죄가중처벌등에관한법률위반(도주차량)등

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

The defendant is a person who is engaged in driving a C car.

On January 17, 2016, the Defendant was driving the said car at around 05:14, and going to the right side of the taxi driving at the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant was going to drive the said car, and in such a case, the driver of the vehicle is an intersection with a signal, etc. at the same time, and thus, the driver of the vehicle has a duty of care to check the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to safely drive the taxi pursuant to the new subparagraph are exercised by the negligence of entering the Gam Ra, Seo-gu, Daejeon Special Metropolitan City (the right side of the taxi driving at the age of 47) to make the victim turn to the right side of the taxi driving at around 2 weeks, and the Defendant did not immediately repair the 15th and 28th and 25th and did not immediately stop the cab.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Protection and Observation and Order to Attend a lecture; circumstances favorable to the point that the case was committed after the accident was caused by the violation of signal and the escape of the case was committed: the degree of injury to the victim is not excessive.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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