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(영문) 창원지방법원 2015.04.16 2014고단1852
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in the operation of the C Launa car.

On April 24, 2013, the Defendant driven the said car without a driver’s license on April 15:50, and proceeded to the luran Culture Center from the Turan Elementary School on the side of the Curan Culture Center, the Defendant received the back portion of the left-hand side of the E-L-L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Ultimately, the Defendant, by occupational negligence, sustained injury to salt panions, etc. in need of treatment for about two weeks, and at the same time escaped without immediately stopping the repair cost so that the amount equivalent to KRW 1,067,600 is damaged and the Defendant escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the written estimate statutes;

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), subparagraph 1 of Article 152 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 each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Where a minor injury has occurred (one and two types) in the mitigated area (six months to October) (special mitigation) after a traffic accident, (one and two types) [decision of sentence] 8 months of imprisonment, suspension of execution of sentence two years (two years of imprisonment and no record of punishment exceeding a fine due to the same kind of crime, etc.);

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