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(영문) 부산지방법원 2016.01.12 2015고단7081
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 30, 2015, the Defendant was sentenced to a suspended sentence of two years on July 8, 2015 for a crime of violating the Road Traffic Act at the Changwon District Court on June 30, 2015.

The defendant is a person who is engaged in driving a cargo vehicle of C1 ton.

On July 3, 2015, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle on July 3, 2015, and proceeded from the direction of the Gangseo-gu Office to the Kim Sea in accordance with the three-lanes of the front E in Busan Gangseo-gu.

When the defendant operated without a driver's license on the front right and the right and the right and the right and the right and the right and the right and right are not properly checked, the defendant got the victim F, who crossed the above road to the port from the right side of the course, into the front part of the above cargo vehicle and died from the ground due to diversity damage, etc., and the defendant immediately stopped and escaped without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Details of revocation of driver's license, such as the ledger of driver's licenses;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to traffic accident reports;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflectivity, self-denunciation of the accused, and agreement with the injured party) of the Act on Reduction of Quantity [the scope of the recommended sentence] The escape range after traffic accident / The special mitigation area (i.e., one year to three months) (i., one year and four years), / the victim is also negligent in the occurrence of traffic accident or the expansion of damage.

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