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(영문) 서울중앙지방법원 2014.02.07 2013고단7997
특정범죄가중처벌등에관한법률위반(도주차량)등
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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

Around 03:30 on November 15, 2013, the Defendant driven a car in Samsung East-gu, Seoul, and proceeded along three lanes of the above road by using the six-lane road in front of Samsung East-dong, Samsung East-gu, Samsung 87, on the surface of the sports-test distance away from EXE distance. At the time of night, the Defendant neglected the duty of care to ensure that a person engaged in driving at night is able to safely drive a car and prevent an accident by driving the car in advance and safely, and at the same time, failed to take necessary measures such as damage to the victim C (32 years old) who is driving in the front part of the car operated by the Defendant, and failed to take necessary measures such as damage to the victim E (33 years old and female) who was driving in front of the car operated by the Defendant and the victim C, and did not immediately 4 years old 1,000,000 won for repair and maintenance of the car. At the same time, the Defendant failed to take necessary measures such as injury to the victim C and the victim C (333 years old 4.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Entry of the actual survey report on traffic accidents;

1. Application of each Act and subordinate statute to include each written diagnosis and written estimate;

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 by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

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

1. The scope of recommended sentences for the sentencing guidelines [type of traffic],

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