(영문) 서울중앙지방법원 2014.02.07 2013고단7416

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(영문) 서울중앙지방법원 2014.02.07 2013고단7416

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 05:30 on September 28, 2013, the Defendant: (a) driven a Crocketing taxi and proceeded along the two-lanes of the said road by leaving the 3rd line of the said road from the 4rd line to the 3rd line of the said road from the 4rd line of the 4rd line in Jung-gu, Jung-gu, Seoul to the 3rd line of the said road; (b) due to the negligence of changing the lane into one-lane as is without fault while taking care of the traffic situation of the front line and preventing accidents in advance; and (c) due to the negligence of the victim D (30 years) driving along the said one-lane of the said road, the Defendant was under pressure of the victim D (30 years) on the left side of the taxi driving by the Defendant; and (d) the victim was under pressure by leaving the said 2nd line of the said road without being able to give treatment for about 3 weeks; and (d) the victim was under pressure by leaving the said 2nd line of the said road without being able to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of the actual survey report;

1. Application of each statute to each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including favorable circumstances, etc. deemed to be the following reasons for sentencing)

1. Scope of the recommended sentence for the sentencing guidelines / [type of traffic crime] traffic crime, escape after traffic accidents, and escape (type 1) after injury or injury (special sentencing): A mitigated element: A self-denunciation [the scope of the recommended sentence] - June - October (a mitigated area);

2. The decision-making defendant requires the victims of traffic accidents, such as aiding and abetting victims of traffic accidents;

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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