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(영문) 광주지방법원 2013.03.21 2013고단331

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On October 18, 2012, the Defendant driven a BMP5 car without a driver’s license, and proceeded at approximately 70km in speed, one of the two-lanes in front of the designated intersection in the BSS-gun in the CY-gun, the U.S., at the same time. On October 14:35, 2012, the Defendant, due to the negligence of maintaining the safety distance with the vehicle in front and neglecting the duty of care to prevent the accident in advance, and due to the negligence of maintaining the safety distance with the vehicle in front and preventing the accident, and at the same time, conflict with the back part of the damaged vehicle with the vehicle in front of the Defendant.

Ultimately, the Defendant, by occupational negligence as above, sustained injury to the victim E (the age of 43) who boarded the victim C and the damaged vehicle, for about two weeks of medical treatment, and, at the same time, escaped without taking necessary measures such as providing relief to the victim by immediately stopping the damaged vehicle, even though it damages the damaged vehicle to be 35,106 won in repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each written diagnosis and written estimate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime at issue;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The Defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is driving without a license

Considering the fact that the accident had escaped even after the accident, and that the defendant has the same kind of criminal records, the quality of the crime and the criminality of the defendant are somewhat weak.