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(영문) 광주지방법원 2013.05.08 2013고단867

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final.

Reasons

Punishment of the crime

On February 1, 2013, the Defendant driving a wing-FF truck without a driver's license on February 1, 2013, the Defendant neglected to exercise the duty of care to safely drive under the new subparagraph and did not stop and take necessary measures in order to ensure smooth prevention of danger, while driving the wing-F truck along two-lane intersections in front of the Seongdong-gu Sungengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengengenge knengengengenge kn kn kneng, which caused damages to the 1573,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Article 152 subparagraph 1 and Article 43 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Social service order under Article 62-2 of the Criminal Act;