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(영문) 인천지방법원 부천지원 2013.05.23 2013고단420
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving of a motor vehicle with Chump.

At around 12:40 on January 12, 2013, the Defendant driven the said car without mandatory insurance, and neglected to perform the duty of her right and right and right and right and the right and duty of her driving in the direction of Seoul in strengthening the 2-lane road in the direction of Seoul, the Defendant: (a) neglected to perform the duty of her driving in the direction of Seoul; (b) neglected to properly operate the steering direction and operation system, and (c) caused the injury of the victim’s E-Poter in the front part of the left side of the Defendant’s car to undergo approximately two-day medical treatment; and (d) at the same time, the Defendant destroyed the 318,700 won of the repair cost by exchanging the right and rear wheels, etc., and did not immediately stop the said vehicle and did not take measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. A written diagnosis and written estimate;

1. Each photograph;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant repents wrongs the defendant, that the victim does not want the punishment of the defendant by mutual consent with the victim, and that the defendant has no criminal records exceeding the fine);

1. Discretionary mitigation under Article 62(1) of the Criminal Act;

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