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(영문) 부산지방법원 2017.05.17 2017고단682
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Cststren's car.

On December 14, 2016, the Defendant driven the said car at around 06:30, and driven the said car at a speed of about 15 km from the intersection of the death and injury, the front E-lane 3-lane Do road located in D to the front of the city road at the speed of about 15 km from the intersection of the death and injury, and led the victim F (F, South, 45 years old) driving that was driven before the front of the said car without securing the safety distance, and failed to keep the safety distance at a speed of about 15 km due to the negligence on duty, while driving the said car at the speed of the front of the said car, and caused the said F F (F, South, 45 years old to stop in the front of the said car.

Defendant 2, each of the victims of the above traffic accidents, suffered from injuries such as salt, tension, etc. by each of the following two weeks, but immediately stopped and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of 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 crime as prescribed in the corresponding Act;

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 Act on the Suspension of Execution reflects the reasons for sentencing; Article 62(1) of the Act on the Suspension of Execution of Imprisonment with prison labor in 1976; there is no record of punishment exceeding the fine after the suspension of the execution of imprisonment with prison labor in 1976; and Article 62(1) of the Act on the Sentencing

[A type 1 (the escape after the injury) is to be mitigated (6 months to 1 year), special mitigated person; case where a minor injury has occurred) after a traffic accident.

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