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(영문) 대전지방법원 공주지원 2018.09.21 2018고단233
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:25 on March 16, 2018, the Defendant was driving a B observer car and proceeding on the right side of the D community hall located in Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, with a view to occupational negligence, without examining the right side and the right side properly and operating the steering gear in an inaccurate manner. On the right side side of the above road, the Defendant took a part of the victim E (n, 54 years old) walking in the direction opposite to the Defendant’s proceeding direction, with the right side side of the victim E (n, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the son. the e. the son.).

Summary of Evidence

1. Each legal statement of E and F;

1. A traffic accident report, a report on internal investigation, and the details of witness;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

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. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with heavier penalty)

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

1. Grounds for sentencing in the main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. Application of the sentencing criteria [Scope of the recommended punishment] The area of mitigation (from six months to one year) (a person who has been specially mitigated] shall not be punished after traffic accidents;

2. The injury of the victims by the medical certificate of the sentence.

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