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(영문) 전주지방법원 2015.09.08 2015고단961
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on June 19, 2015, the Defendant: (a) driven a high-speed car in C, and neglected to perform his/her duty at the front of the Gu affairs of the Jeonju University on the Jeonju University, which was in front of the Jeonju University, and in violation of the new subparagraph, caused occupational negligence to turn to the left from the front of the Gu affairs of the Jeonju University to the front of the Gu affairs of the Jeonju University; (b) pursuant to the new subparagraph, the Defendant got to the left from the front of the right part of the E-ray car of the victim D (24 years old) driving from the front part of the Gu affairs of the Jeonju University to the front of the Gu affairs of the Jeonju University to turn to the front of the Gu affairs of the Jeonju University; and (c) caused injury to the victim, such as brain dust, which requires medical treatment for about three weeks; and (d) at the same time, the Defendant did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. A traffic accident report, photograph, and report on a traffic accident;

1. A report on internal investigation (a video recording room) and a report on internal investigation (a video recording room G statement);

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 related to the crime, Article 268 of the Criminal Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The sentencing guidelines of the Sentencing Committee are not applicable in cases where the ordinary concurrent relationship is established between the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (U.S.) on the grounds of sentencing in Article 62-2

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