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(영문) 의정부지방법원 2013.05.28 2013고단886
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 of the final judgment.

Reasons

Punishment of the crime

On March 13, 2013, the Defendant is a person engaging in driving of BP motor vehicle. Around 15:20 on March 13, 2013, the Defendant was driving the said motor vehicle, driving the motor vehicle on the front part of the motor vehicle driving in front of the passenger vehicle driving in front of the passenger vehicle driving in front of the passenger vehicle driving of the Defendant, and driving about about 70 km each hour between the two-lanes in front of the city of Chungcheongnam-do and the Guri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si. In such a case, the Defendant, while driving the motor vehicle at the time, was driving the motor vehicle at the victim's speed and driving the motor vehicle at the front part of the motor vehicle at the time, had the duty of care to reduce the speed and prevent the accident by checking the safety of the path.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A written diagnosis (C), written estimate (D);

1. Application of Acts and subordinate statutes to photographs of the accident vehicle, on-site photographs, and site photographs;

1. Article applicable to criminal facts;

(a) The point of escape after occupational injury: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Occupiation of and damage to fruits: Articles 148 and 54 (1) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (a punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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