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(영문) 제주지방법원 2016.07.13 2016고단624

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a car in B's cryp and cryp.

On February 26, 2016, the Defendant, without obtaining a driver's license of a motor vehicle from around 04:10 on February 26, 2016, driving the said motor vehicle, and driving the motor vehicle on the road front of the D branch of the D branch, which is located in C, with the surface of cultural knife away from the shooting distance of the Grand hotel.

The Defendant did not properly go through the front of the vehicle at the time, and did not go through as it was, due to the negligence of the Defendant’s driving at the front time, received the back part of the Defendant’s driver’s driver’s vehicle E (W, 39 years old) driving.

As a result, the Defendant, by occupational negligence, caused the above E to suffer from the male of salt salvines, etc. in need of approximately 2 weeks of treatment, and the victim G (31 ) who is the passenger of the victimized vehicle, respectively, about 2 weeks of treatment. The Defendant destroyed the string car owned by the above E to cover KRW 1,210,482 of the repair cost, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, E’s written statement, pictures at the scene of an accident, a survey report on actual condition, and photographs of Defendant drivers;

1. Statement made by the police for E;

1. The driver's license ledger;

1. Written estimate;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: 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, Article 151 of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a point of unauthorized Operation)

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

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

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Criminal Act;