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(영문) 춘천지방법원 2014.09.23 2014고단666

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F (Simplified traffic);

1. A traffic accident report;

1. A written report filed with an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a commissioned reply;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, 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;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each type of imprisonment with prison labor;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment within the scope of summing up the maximum term of two crimes);

1. Violation of the Road Traffic Act and violation of the Road Traffic Act (driving without a license) on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the agreement with the victim): Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. without a license): Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) / [the scope of the recommending sentence] mitigation area (6-10 months) (including special mitigation), punishment not imposed (including serious efforts to recover damage): 6-10 months (Pronouncement decision) and no sentencing guidelines are set; Defendant’s same criminal records; Defendant’s same criminal history; violation of the Road Traffic Act; and violation of the Road Traffic Act (AD without a license) and the fact that the instant crime was committed during the oral proceedings of the instant case, taking into account all the circumstances revealed in the oral proceedings of this case, the sentence shall be determined within the minimum limit of the above recommending punishment.