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(영문) 울산지방법원 2015.11.05 2015고단2352

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2015, the Defendant: (a) driven the above cargo vehicle without obtaining a driver’s license on July 20:25, 2015; (b) driven the above cargo vehicle in front of the arm’s length distance in front of the arm’s length distance in Ulsan-gu, Ulsan-gu; and (c) tried to escape without taking necessary measures, such as cutting down the pipe and tension of the part of the victim C (30 years old) who is in the atmosphere where he neglected to perform the duty of electric traffic due to his occupational negligence, resulting in the injury to the victim by shocking the Drop vehicle of the victim C (30 years old) who is in the atmosphere of signalling, and stopping the said vehicle without immediately stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs on traffic accidents;

1. The register of vehicle registration certificates (B), and the register of automobile driving licenses (A);

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction) concerning the criminal facts;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and between the crimes of violation of the Road Traffic Act due to the non-measures following the destruction thereof);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 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. Reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Scope of Recommendation] The mitigation area (6-10 months to 6-10 months) (special mitigation) of mitigation area (special mitigation) (the decision of sentence] alcohol, after traffic accidents.