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(영문) 창원지방법원 2015.06.04 2015고단339
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaging in driving a benz car.

Around 00:43 on December 31, 2014, the Defendant: (a) while driving the said car and driving the chill distance from the chilling elementary school located in Kimhae-si to the open-air shooting distance; (b) by negligence, in violation of the suspension signal, and thereby, caused the victim C to the right side side of the Manhae-si driving in accordance with the new subparagraph, to take the front side of the Defendant’s car and to take approximately two weeks of medical treatment; (c) at the same time, the victim E, who was on board the said taxi to take approximately three weeks of medical treatment; and (d) did not immediately stop the said taxi and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. 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 concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The area of mitigation (6 to 10 months) (including specially mitigated persons) (including efforts to recover from damage) of the mitigated area after traffic accidents, the area of mitigation (6 to 10 months) [including decisions on the suspended sentence] imprisonment for eight months, the period of suspended sentence for two years (2 years (30 years including agreements with victims and reflects each other);

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