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(영문) 부산지방법원 2018.07.05 2018고단2152
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On January 21, 2018, the Defendant, without obtaining a driver’s license for a vehicle from around 21:20, while driving a vehicle from BK5 to turn to the right to the left at the right side of the road located in BK3 Dong Dong-dong, Busan, the Defendant, without examining the rear side on the ground that it interfered with the flow of the front road, was obstructed by the flow of the vehicle from the rear back of the said vehicle, and went back without taking measures, such as aiding the crosswalk from the rear part of the said vehicle (n, 52 years old). Even though the Defendant suffered from the injury, such as catum, etc. in need of treatment for about two weeks, the Defendant immediately stopped the vehicle and escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s written petition for prosecution;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the accused, such as the ledger of driver's licenses for the motor vehicle and the following illumination, etc.;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 152 (1) and 43 of the Road Traffic Act concerning the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the reason for sentencing [the scope of the recommended sentence] of Article 62-2 of the Social Service Order (the case of a person subject to special mitigation] in the area of special mitigation (3 to 1 year) [the case of a person subject to special mitigation], and the case of a minor injury (including the case of a person subject to special mitigation) [the case of a person subject to special mitigation], and the case of a violation of the Road Traffic Act (a person without license) for which no sentencing guidelines are set.

Even though the criminal records of the same kind of crime (including driving without a license) are several times, it is disadvantageous to the defendant to commit the crime in this case.

(a) an injured person;

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