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(영문) 부산지방법원 동부지원 2016.04.20 2015고단2488
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 19, 2015, the Defendant, without a driver’s license, driven a 300cc XITING Orala, which did not have a number plate that was not subscribed to mandatory insurance, and transferred the four-lane of the fourth-lane road in Busan Shipping Daegu to the same bank from the top of the top of the fourth-lane road, which was located in Busan Shipping Daegu, without a driver’s license, the Defendant left the victim C (54 ) who walked on the fourth-lane above the fourth-lane alcohol concentration due to occupational negligence when he neglected the front bank in the state of under the influence of alcohol concentration in alcohol, and caused the victim to escape from the first place of the first place of the first place of the fourth-lane, and did not immediately stop and take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to D, E, or C;

1. The application of the traffic accident report, the driver's license ledger, and the medical certificate to statutes;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Compensation Compensation Act;

1. Selection of imprisonment with prison labor chosen;

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 Social Service Order Criminal Act / [the scope of recommended punishment / [the scope of recommended punishment ] The mitigated area (6 months to October) of the mitigated area (including special mitigated persons] of the mitigated area (including efforts to recover damage), and the sentencing guidelines are not set. Thus, the minimum limit of recommended punishment according to the sentencing guidelines is considered only after traffic accidents.

[Opinion of Prosecutor] One year and six months of imprisonment [Decision of Sentence] 2 years of suspended execution and 120 hours of community service in October

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