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(영문) 전주지방법원 2014.04.18 2014고단63

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Gunsan Branch of the Jeonju District Court on November 7, 2013, and is still under the suspension of execution after the said judgment became final and conclusive on November 15, 2013.

The defendant is a person who is engaged in driving of C and D and freight cars.

On November 1, 2013, the Defendant: (a) driven the said vehicle without obtaining a driver’s license on November 1, 2013; (b) neglected the duty of front 498-28, Jin-si, Kim Jong-si, Kim Jong-do to drive the road from the mari-ri-ri-ri area; (c) due to occupational negligence not operating the steering direction and brake system at the time; (d) was placed in front of the said cargo portion; (b) was charged with the victim’s Track (dong, 35-ma) which was parked in front of the said cargo portion; and (c) caused the victim’s injury, such as catum salt, etc. which requires approximately two-day medical treatment; and (d) even though the front quibage part of the said quibol, the Defendant immediately stopped the said Track which is the victim’s possession, to the extent that it could not know the repair cost, etc., and left the scene without any measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Registers of driver's licenses;

1. A medical certificate;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records and results of confirmation of dispositions);

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, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;