beta
(영문) 대구지방법원 서부지원 2014.01.28 2013고단1727

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant is a person engaging in driving a car BM520.

On November 20, 2013, the Defendant driven the said car without obtaining a driver's license at around 21:30 on November 20, 2013, and led the Defendant to drive the said car, leading to the roads in front of the yellow charcoal and charcoal shotum shot in the eroke-dong, Seogu, Daegu.

At the time, there are many vehicles parked on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty

Nevertheless, the defendant neglected to do so and stopped on the left side of the victim C(Y, 34 years old)'s fright-hand side of the victim C(SM520)'s fright-hand side of the fright-hand side of the fright-hand car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered from a scam and scam scam in need of treatment for approximately two weeks, and at the same time, escaped without immediately stopping the said vehicle to ensure that the repair cost is equivalent to KRW 291,00,000, such as the back of the scambling vehicle exchange, etc., and not taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 152 subparagraph 1 of the relevant Act on the Punishment, etc. of Specific Crimes and Article 152 and Article 43 of the Road Traffic Act, 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 (the point of taking measures not to cope with accidents);

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.