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(영문) 의정부지방법원 2019.06.19 2018고단5368
특정범죄가중처벌등에관한법률위반(도주치상)등
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

(a)In the event of an injury to a tension, etc., the 1,363,074 Won was destroyed by the repair cost, and the 1,363,074 was immediately stopped and the necessary measures were not taken to rescue the victim, and the victim escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual condition survey report;

1. Photographs related to accidents;

1. Photographs of the skin vehicle;

1. Photographs of damaged vehicles;

1. Photographs of the accident site;

1. A written diagnosis and written estimate for damage;

1. Application of Acts and subordinate statutes to a visual closure photograph;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the taking course and the community service order [the scope of the recommended sentence according to the sentencing guidelines] The traffic crime group following traffic accidents (in the event of a minor injury, six months to one year) and the mitigation area (in the event of a minor injury), * In the case of revision of the recommended sentence taking into account the minimum applicable sentences under the law: one year [the decision of a sentence] Defendant’s entry in the intersection by violating the signal, caused a traffic accident involving the victimized driver due to a significant breach of the duty of care that he/she entered the intersection, and escape without taking any measures.

The nature of the crime is not good, and it was not received from the victim.

However, it shall be considered in light of the favorable circumstances that the defendant acknowledges the crime late and reflects it, that the defendant has no record of the same kind of crime until he moves, that the defendant is in an economically difficult situation, and that the defendant has no good health condition.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, etc., the punishment as ordered shall be determined.

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