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(영문) 수원지방법원 안산지원 2019.06.21 2009고단1850

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

The Defendant is a driver of EXE car.

On December 30, 2006, the Defendant driven the said car without obtaining a driver’s license at around 00:15, and proceeded along the front way of an industrial bank located in the 48 Blus-dong, Singu, Singu, with the front side of the 48-lanes from the Myeong-gu Park to the front side of the Dondo four-lanes, due to occupational negligence caused by a violation of the signal, to turn left at the right-hand from the Magsan bank to the front side of the said car.

The Defendant, in the foregoing traffic accident, caused the victim to suffer light fluoral fluoral fluor, etc. for two weeks in need, and at the same time, avoided the above X-ray vehicle to be repaired in an amount equivalent to KRW 3,884,210, such as exchange of front fluor, and escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Photographs and on-site photographs of the vehicle;

1. Registers of driver's licenses;

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

1. Article 152 subparagraph 1 of the relevant Act on the crime, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, 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 concerning the crime;

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

1. Selection of a sentence for violation of the Road Traffic Act, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Act on the Aggravated Punishment, etc. of Specific Crimes, shall be sentenced to imprisonment, respectively, and

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are released in the course of investigation.