특정범죄가중처벌등에관한법률위반(도주차량)등
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.
Punishment of the crime
On January 1, 2014, at around 00:50, the Defendant: (a) operated a EX-type car as a business without a driver’s license; (b) driven a EX-type car; and (c) driven the front of the apartment road from the south-gu Seoul metropolitan area to the white-ro, along four-lanes, along the four-lanes of the four-lanes, from the Jinspo to the white-ro. On the right side of the road, in contravention of the signal, the Defendant escaped the front side of the road of the victim C (n.e., the 41-year old) who is cutting the crosswalk pursuant to pedestrians’ new signals from the right side of the vehicle to the left side of the road, without taking necessary measures, such as immediately stopping the road.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of C in the police statement;
1. A traffic accident report;
1. Photographss related to traffic accidents;
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 same Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);
1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The case where a minor injury (a person subject to special mitigation) occurs in the basic area (a person subject to special mitigation) (a person subject to special mitigation) (a person subject to special mitigation)] after a traffic accident / In the case where illegality in the proviso of Article 3(2) of the School Special Act is serious, there is no sentencing guidelines for the crime of violation of the Road Traffic Act (a person without a license).