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(영문) 서울북부지방법원 2018.07.12 2018고단383
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 02:00 on January 12, 2018, the Defendant driving a Fbenz motor vehicle in front of Dobong-gu Seoul Metropolitan Government, with the driving of the Fbenz motor vehicle in the direction of the sub-section 63-ro from the creative elementary school.

At the time, the Defendant stopped after the Hamna vehicle driven by the victim G (54) while leaving the Hamna vehicle behind the Hamna vehicle driven by the victim G (54). In such a case, the driver of the motor vehicle was required to operate the steering gear and brakes accurately and safely, while neglecting this, the Defendant neglected his/her care, and sustained the victim’s injury, such as light dynasium, which requires the victim’s treatment for about two weeks, even though the Hamna vehicle was driven by the victim, even though the Hamna vehicle was driven by the victim due to his/her negligence.

Nevertheless, the Defendant immediately stopped and did not take measures such as providing relief to the injured party, followed the speed of the injured party, exceeded the scene at a rapid speed, and escaped even though the injured party gets out of the scene.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph damaged vehicles by cutting down a black stuff image images;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area (including six months to one year), the mitigated area (including efforts to recover damage) [the person who has been specially mitigated] and the punishment non-exclusive (including efforts to recover damage] [the decision of sentence] Defendant escaped without any measure despite causing a traffic accident.

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