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(영문) 서울북부지방법원 2015.11.05 2015고단2830
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 00:25 on July 14, 2015, the Defendant driven a B Poter Cargo and proceeded along the four-lane road in front of the upper 6-lane in Jung-gu Seoul, Jung-gu, Seoul with four-lanes of the upper 2,572,80 won in front of the upper gu, Jung-gu, Seoul, the Defendant neglected his duty of care at the front francing in the middle gate. On the part of the Defendant’s occupational negligence, the lower part of the victim C(61) driven in front of the Defendant’s cargo vehicle, which was parked in front of the Defendant’s cargo vehicle, suffered injury, such as the Defendant’s crop, tension, etc. requiring approximately two-day medical treatment, and at the same time, the Defendant left the said victim taxi with the repair cost, such as the exchange of moer, and did not take necessary measures, such as destroying the victim and damaging the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of the occurrence of a traffic accident C;

1. A written diagnosis and written estimate;

1. A traffic accident report (1) actual survey report;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] shall be limited to the mitigated area (referring to six months of imprisonment or ten months of imprisonment) (including serious efforts to recover damage) after traffic accidents.

3. Determination of sentence: (a) the circumstances leading to the instant crime; (b) the circumstances after the occurrence of the accident; and (c) the Defendant in 2005, imposed a fine of one million won due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Driving without a license); and (d) the year 2008.

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