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(영문) 수원지방법원 성남지원 2013.08.08 2013고단1174

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 21, 2013, the Defendant driven the said car without a driver's license around 04:40 on May 21, 2013, and led to the driving distance of the park tunnel, which is located in the central Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Sungnam-gu, to go directly from the private distance of the bank to the private road tunnel

Since there is a cross-section with signal apparatus, the defendant engaged in driving service has a duty of care to safely drive the signal.

Nevertheless, the Defendant, while proceeding in contravention of the signal, was driven by the victim C (the aged 49) who driven the above shooting distance from the center of the Dong community service center to the room of the Sungho-si community service center, and was driven by the victim C (the aged 49) in front of the right edge of the taxi, and received the above part as the front part of the right edge of the taxi.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the injured party, such as clifal and clifal salt, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the taxi to ensure that the amount of 2,843,366 won is damaged, and that the taxi was destroyed to fall short of repair costs, and the Defendant escaped without taking necessary measures, such as aiding

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to the actual survey report and driver's license ledger;

1. 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 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act, and selection of imprisonment for a violation of the same Act;

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. The Criminal Act, the suspension of execution;