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(영문) 대구지방법원 2015.04.16 2015고단604
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in driving a e-cub vehicle B.

On January 14, 2015, the Defendant, at around 22:20, driven the said coos car without a driver’s license, and was driving the said coos car on the front part of the Defendant’s vehicle, the lower part of the coos car, which was sent from the front part of the Defendant’s vehicle, while neglecting the duty of coosing in the front part of the three-lanes of the 102-lane, Seo-gu, Seo-gu, Daegu, Daegu, the 102-do 4-do Do., while neglecting the duty of coos, and failing to accurately operate the brakes, the lower part of the coos car in front of the Defendant vehicle

The Defendant, due to the above occupational negligence, committed an act of leaving the damaged vehicle in order to repair the damaged vehicle in KRW 1,392,478 and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, etc. and a actual survey report;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommending punishment] where a minor injury has occurred (the special mitigation) in the area of special mitigation (the period of March to October) (the period of special mitigation) after traffic accidents, and the reason for sentencing of Article 62-2 of the Criminal Act.

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