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(영문) 창원지방법원 마산지원 2015.04.28 2015고단216

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a holder of unregistered CT-100 U.S. and is a person who is engaged in driving service of OEF.

On August 16, 2014, at around 17:48, the Defendant driven and operated the above Obaba, which was not covered by mandatory insurance, and parked without immediately stopping the above bicycle owned by the victim and taking necessary measures, such as aiding and abetting the victim E (the 65 years old) who was getting on the bicycle in front of the front line, while driving at the Haba-gun, Haba-gun, Haba-gun, a road of one lane in front of the D, located in the Haban-gun, Haba-gun, a mountain at the Haba-gun, from the surface of the Haba-gun, to the protection of the Haba-gun, and getting the victim to go beyond the road. At the same time, even though the above bicycle was damaged by a considerable amount of 20,000 won for repairing costs, the Defendant escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. Medical certificate and receipt;

1. Application of Acts and subordinate statutes, such as site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation;

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

1. Selection of a sentence for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Guarantee of Automobile Accident Compensation Act and a sentence for imprisonment without prison labor for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under the Criminal Act;