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(영문) 청주지방법원 제천지원 2015.02.13 2014고단579

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement against Defendant B and D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to photographs, on-site photographs, photographs of damaged vehicles, photographs of re-explosion, estimates, medical certificates, diagnosis certificates, register of driver's license, and photographs of final destination after an accident;

1. Defendant A of the pertinent legal provision on the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 151 (1) of the Criminal Act, Article 31 (1) of the Criminal Act, Article 31 (1) of the Criminal Act, Article 151 (1) of the Criminal Act

1. Defendant A of the ordinary concurrent crimes: Articles 40 and 50 of the Criminal Act (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act);

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of a community service order: The crime on the grounds of sentencing under Article 62-2 of the Criminal Act is committed without obtaining a license, and the relief measures, etc. are not properly taken after driving a motor vehicle accident, and furthermore, it is changed to drivers, and the quality of the crime is very high.

However, there is no criminal power after the victim was sentenced to a fine in 1996, Defendant B was first offender, Defendant B was committed at the investigation stage, all of the criminal acts at the investigation stage, and other various sentencing conditions are considered, and the punishment is determined as ordered by the order.