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(영문) 제주지방법원 2016.09.21 2016고단1267
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a car in the B SP area.

On April 26, 2016, the Defendant driven the above car at around 08:10, and led the D hotel crossing in front of the D hotel in Seopopo City C, Seopopo City, to go directly from the room of the Epopoly Police Authority to the screen of the Jpoly Stocks.

The Defendant did not properly enter the front city at the time and did not go through the intersection, and received the Fone Star Operation of the Victim E (57 S) driving who turn to the left from the front road to the front side of the Seocho-do municipal police, from the front road by the negligence of entering the intersection at the time.

Accordingly, the Defendant, by such occupational negligence, caused the victim to suffer injury to the salt of the shoulder pipe, which requires approximately two weeks of treatment, and at the same time, escaped without immediately stopping and taking necessary measures, such as providing relief to the injured party, even though the said Cost of repairing the said Cost of Cost of 1,193,322.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A report on traffic accidents and a survey report on actual condition;

1. Application of the relevant Acts and subordinate statutes to a medical certificate, a written estimate for repair, an accident camera, a summary map, and a photograph;

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 (the point of absence of accident) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing guidelines for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture are as follows: The sentencing range [the traffic crime group, the escape after traffic accident, the first type (the escape after injury) after traffic accident, the mitigation area, the imprisonment of six months to one year], and the following circumstances are considered, which are favorable to the determination of the sentence as ordered: The fact of the crime is recognized, and the victim is against the victim.

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