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(영문) 춘천지방법원 원주지원 2017.04.13 2017고단28
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant driven a car at Cbenz C200 on August 16, 2016, and proceeded along four-lanes in front of Gangnam-gu Seoul, Seoul, along the parallel of four-lanes from the calendar of the road.

At the time, the Defendant was behind the Victim E(54) drive, and the Defendant had a duty of care to prevent an accident, such as securing and driving a safe distance that could be avoided in the event of the suspension of a taxi due to well-finding circumstances, while neglecting the duty of care, the Defendant went away as a part of the Defendant’s driver’s vehicle due to the occupational negligence in the vicinity of the said taxi, on two consecutive occasions, resulting in the Defendant’s injury, such as salt, tension, etc. in need of treatment for about two weeks, while the Defendant stopped immediately and escaped without taking measures, such as providing relief to the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on traffic accidents (1), (2) and reports on occurrence of traffic accidents;

1. A medical certificate;

1. Application of each vehicle photograph, on-site photograph, and statutes;

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 for a limited term as to the crime;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] The crime of this case, which committed the crime of this case, without taking necessary measures, by causing a traffic accident while driving the handphone Handphone which has fallen during driving (including a decision of sentencing) in the mitigated area (6 months to 1 year), the mitigated area (including a special mitigated person) [including a serious effort to recover from damage] / [the decision of sentencing] the crime of this case, which committed the crime of this case, which escaped without taking necessary measures, is not likely to be a crime.

On the other hand, the victim's damage.

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