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(영문) 수원지방법원 안양지원 2013.11.08 2013고단1166

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 May 3, 2013, at around 14:30 to 15:00, the Defendant driven a wing-down vehicle C without obtaining a driver’s license, and proceeded along one-lane prior to 200-25, 30, 200-3, 300, 300, the Defendant left the left at the right right side of the road due to negligence, and found the victim’s DNA driver’s bicycle coming back to the left at the right side of the progress direction due to the failure to perform the duty of front left-hand left-hand, 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. The police statement of D or E;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the relevant Act on the crime;

1. Imprisonment with prison labor for choice of punishment;

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. Although the defendant's liability for sentencing under Article 62-2 of the Criminal Act is somewhat minor, the punishment as ordered is determined in light of the following: (a) the defendant's personal life was committed while under pre-trial detention for about two months; (b) if the defendant is detained for a long time, his/her dependents' living is likely to be difficult; (c) the victim's attachment E expressed his/her intention not to want the defendant's punishment; and (d) the victim was partially negligent in the occurrence of an accident.