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(영문) 대전지방법원 천안지원 2015.07.27 2015고단615
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

(b) the damaged vehicle did not take necessary measures, such as aiding the victim, while destroying the damaged vehicle to the extent equivalent to KRW 2,064,434;

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. G statements;

1. A traffic accident report (1), (2), and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to a written diagnosis and 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;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act [Punishments provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is heavier, among the crimes committed above, shall be imposed];

1. Imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education* in relation to a crime for which the two border criteria are not established, and the guidelines for sentencing for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes should be taken into consideration in reference to the lower limit. [Scope of Recommendation] In the case where a minor injury occurred (special mitigation) in the mitigation area (one to six months) [special mitigation] (one type] [decision of sentence] in the event of an accident (one type] [decision of sentence] in relation to the cause of an accident, and escape from the scene of an accident, etc., without taking relief measures against the victim, it is more difficult to inform the victim of his/her contact at the investigation stage and make it difficult to discharge the dispute by failing to take relief measures against the victim.

While recognizing the instant crime, the Defendant argued that he was called “F cafeteria” around the scene of the accident, but he was aware of the name of the restaurant operated by the Defendant. However, if the Defendant was accurately informed of the name of the restaurant operated by the victim, the Defendant’s personal information at the time of reporting the accident.

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