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(영문) 서울중앙지방법원 2019.10.18 2019고단2595
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:20 on February 18, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, the Defendant driven B rocketing car in the section of about 8km in the vicinity of the Seocho-gu Seoul Seocho-gu Seoul Seocheon-dong Seoul, Seoul, with the shooting distance.

2. On February 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) and the Defendant operated the rocketing car under the preceding paragraph without obtaining a driver's license on February 18, 2019 and tried to drive four lanes in front of D in Gwanak-gu, Seoul Special Metropolitan City at the speed of about 60km along the speed of about three lanes from the sloping basin of Seoul Special Metropolitan City (hereinafter referred to as the Seoul Special Metropolitan City Emban Zone) with the speed of about 60km along the speed of the speed of the Defendant’s vehicle.

At the same time, the Defendant, by such negligence, sustained injury to the victim, such as erode salt and tension in light of the light that requires treatment for about two weeks. At the same time, the Defendant, while destroying a taxi owned by the victim so that the amount equivalent to KRW 2,287,921 is damaged to repair expenses and immediately stopped, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses, and car4;

1. Statement of the police statement of E, traffic accident report (1) (2), diagnosis certificate, and written estimate;

1. Application of CD video-related Acts and subordinate 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. 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) of the Criminal Act for discretionary mitigation;

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