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(영문) 부산지방법원 동부지원 2015.09.09 2015고단1206
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At around 18:02 on February 18, 2014, the Defendant, without a car driver’s license, driven a car by Cschton which was not covered by mandatory insurance, and proceeded two-lanes of the three-lanes of the three-lane road in front of the Hyundai My Bank in front of the Hyundai My Bank in Busan, the captain of Busan, the captain of the vessel, who was negligent in returning the car to the cartoon e-fab, and went into the cartoon gate in front of the cartoon e-fabbbbbb, which was driven by the victim D (S. 41) (S.) who was negligent in driving in front of the course of his occupation, caused the injury of the victim, such as brain fab, which was driven by the front part of the car driver’s license, and at the same time, destroyed the car owned by the said victim to the extent equivalent to about 11,925,515 won, and did not immediately take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on actual condition of the police;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to the investigation report;

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, Articles 148, 54 (1) of the Road Traffic Act, Articles 151, 152 subparagraph 1, and 43 of the Road Traffic Act, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Selection of imprisonment without prison labor for the crime of violating the Road Traffic Act through occupational negligence, damage to property, and imprisonment for the remaining crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for each crime);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

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