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(영문) 대전지방법원 천안지원 2016.04.07 2015고단2113
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 B knife vehicle.

On October 11, 2015, the Defendant driven the above vans around 21:30 on the 21st day of October, 2015, and followed the road of the 329-2nd road in the north-gu, Seoan-gu, Seoan-si, Seoan-si, the Defendant proceeded toward the ri-ri side on the entrance side of the middle school.

However, the driver had a duty of care to safely operate by accurately operating the steering and steering the steering wheel and brake system.

Nevertheless, the Defendant failed to discover the bicycle driven by the victim C (16) who is proceeding in the bend of the bend of the mast, without any negligence, and obtained the rear wheels part from the front part of the above wheeler, and transferred the bicycle to the right side of the above wheeler, thereby causing the victim to a multi-cruption of the inner part, etc. in need of approximately two weeks of treatment, and escape without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the recommended sentence] The following shall be taken into account: (a) in the case of minor injury (one month to ten months) in the area of special mitigation (the person with special mitigation) (the person with special mitigation) ; (b) in the case of (one and two types) ; (c) in the case of minor injury (including efforts to recover damage) ; (d) in the case of no penalty heavier than the fine ; (c) in the case of no penalty heavier than the fine ; (d) in the case of having agreed with the victim; and

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