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(영문) 수원지방법원 성남지원 2018.02.22 2017고단1146

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 1146] The Defendant is a person who is engaged in driving a bareboat truck.

On January 3, 2017, the Defendant driven the above vehicle at around 21:15, and proceeded with the Do Investigation Distance in front of the Do road located in the Do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri]

[2017 Highest 2623] On September 13, 2017, the Defendant, without obtaining a driver’s license, driven a fwing and Ⅲ freight vehicle in the 2km section from around 14 km to around the road front of the 14 Do Do 14 Do Do Do Do Do 1, 2017, around 16:20 on September 13, 2017.

Summary of Evidence

[2017 Highest 1146]

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A traffic accident report and investigation report (verification of the fact of automobile scrapping);

1. A medical certificate;

1. On-site photographs of the accident, booms images and caps of the booms images (2017 stiffics 2623);

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after accident), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licenseless driving) concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3.