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(영문) 제주지방법원 2016.09.30 2016고단1451
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:20 on June 4, 2016, the Defendant: (a) driven a sealed truck of C, while driving along the same three-lane road in front of the E-lane D at Seopopoposi; (b) did not discover the Victim F (n, 84) who opened the road to the right side from the left side of the road due to occupational negligence in breach of the duty at the front of the road; (c) did not discover the Victim F (n, 84) on the left side of the road due to occupational negligence; and (d) sustained injury to the victim, such as the dystrokeing of a chest stroke, which requires 12-day medical treatment; and (d) did not immediately stop, and tried without taking necessary measures, such as providing relief to the injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and discussed; the fact that there is no criminal record other than twice a minor fine; the violation of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; the fact that money was deposited for the victim after the prosecution; the fact that KRW 6.4 million was spent for the medical expenses of the victim due to the insurance processing; the fact that there was a poor crime in terms of not taking relief measures after the cause of traffic accident; the degree of damage of the victim was serious; and other circumstances of the accident, such as the fact that the victim seems to have been crossing without permission; the circumstance after the crime was committed by the defendant after the escape; and the defendant's identity after the escape.

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