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(영문) 의정부지방법원 2018.08.31 2018고단2004
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Dunsta car.

On March 27, 2018, when the Defendant driving the said car and moving to the right direction of the apartment house in order to move to the right direction of the apartment house in front of 109, the Defendant failed to give the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty and the right and duty are exercised.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A traffic accident occurrence report;

1. Statement made by the police for E;

1. A written statement of the G production;

1. A written diagnosis of victims;

1. Application of written estimates to vehicles of victims;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attending, is an offense causing not only the risk of life or body resulting from nonperformance to take relief measures against the victim, but also the difficulty in compensating the victim for damage under civil law, and thus, is highly likely to be subject to criticism. On the other hand, the punishment is heavy

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