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(영문) 의정부지방법원 고양지원 2012.12.13 2012고단1304
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2012, around 21:35, the Defendant: (a) driven the E-mail vehicle on the front side of the D Middle School located in Seoyang-gu, Seoyang-gu C without a driver’s license; (b) driven from the front side of the D High School to the front side of the D High School at about 40km in speed from the front side of the D High School to the front side of the 2nd line to the front side of the D High School at about 40km in speed; and (c) the Victim F, who was standing the crosswalk at the D High Schoolside, was able to stop immediately in front of the D High School Cargo to the front side of the Defendant’s driving, without taking necessary measures, such as providing relief to the victim; and (d) the victim, around 01:58 on the following day, died from the death of the H Hospital located in Seoyang-gu, Seoyang-gu, Seoyang-gu, to the front side of the 2nd line.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to I and J;

1. Police seizure records;

1. A death certificate;

1. Application of the Act and subordinate statutes to the Motor Vehicle Report, the Motor Vehicle Accident Report, and the Motor Vehicle Driver's License Register;

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

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) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (which means the agreement and reflect, etc.);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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