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(영문) 청주지방법원 제천지원 2013.05.02 2013고단131

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

The Defendant, at around 02:40 on November 2, 2012, driving C rocketing car volume and driving two lanes in front of the “Sacheon-dong “Sacheon-dong” zone without a motor vehicle driver’s license, is driving ahead of the Macheon-dong Defendant’s vehicle by negligence, which neglected the front-time week, etc. while driving the two lanes from the “Sacheon-dong” side to the “Sacheon-gu” side without a motor vehicle driver’s license.

In order to get off the passenger, the victim D(the age of 49) driven by the parked victim D(the age of 49) was found to be late, and the victim F(the age of 40) who received a part behind the left side of the damaged vehicle due to the front side of the driving vehicle by the defendant's driving vehicle, suffered the injury of the damaged vehicle, such as d and the d's d's base base base, etc. requiring three-day medical treatment, and at the same time, the damaged vehicle was destroyed to damage the amount of 2,14,476 won, and escaped without taking necessary measures such as providing relief to the victim, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents, the ledger of driver's license, and written diagnosis and repair estimates;

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, 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;

1. Selection of each sentence of imprisonment;

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

1. The scope of sentence recommended on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: Transport crimes according to the minimum limit of sentence sentence range for offenses of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the sentencing guidelines are set, according to the standards for handling multiple offenses for not less than eight months of imprisonment;

2. Escape, injury by type one after a traffic accident, and escape.