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(영문) 서울북부지방법원 2015.08.13 2015고단1253
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a foreigner of Syria nationality who is engaged in driving a Crens car.

On February 14, 2015, the Defendant operated the above car on February 23:5, 2015 and proceeded to turn to the left in the military direction in violation of the signal, despite the green signal, while driving the three-lane road on the front side of the vehicle parts in the direction of the urban railway corporation in the direction of the vehicle parts in the direction of the urban railway corporation in the direction of the vehicle parts.

On the left side of the course, the victim D (20 years old) who has dried the crosswalk according to the pedestrian signal was not found at the right side of the direction of the course, and the victim was sent beyond the road by being able to get the victim on the front side of the said car.

The Defendant, due to such occupational negligence, sustained injuries, such as cutting the mouths of the right-hand pipe, etc., which require medical treatment for approximately 12 weeks, but did not immediately stop and take necessary measures, such as aiding the victim, and escaped as is.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. A traffic accident report;

1. Installation of CCTV at the scene of an accident and application of statutes governing screen pictures;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) 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. The degree of violation of the defendant's duty of care due to the occurrence of the instant traffic accident, the damage part and degree, etc. of the victim shall be disadvantageous to the defendant.

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