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(영문) 제주지방법원 2013.05.31 2013고단317
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

around 20:16 on February 14, 2013, the Defendant was driving at the Dabong-III Cargo Vehicle C, and the Defendant was driving at the Myeong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report of traffic accident (i.e., actual survey report), the damage to and photographs of the damaged vehicle, and the copy of death certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Optional of limited imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: Recommendations and sentences on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc. (the traffic crime group, the escape after traffic accidents, the third type (the death after the escape), the mitigation area (the special mitigation area), the imprisonment of two years and six years (the imprisonment of two years and six years), and the following circumstances are all met.

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