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(영문) 대구지방법원 김천지원 2014.03.13 2013고단35 (1)
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to 10 months from the Daegu District Court's Kimcheon Branch to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and completed the execution of the sentence on August 21, 2010.

On January 2, 2013, the Defendant: (a) driven a rocketing car without obtaining a driver’s license for business on January 14, 2013; (b) was driving the Crocketing car on the part of the passenger restaurant, and was driving the 27-1 No. 35-1 No. 35 of the old Jin-si, the Defendant caused the Defendant’s injury of the victim D (V, 43 years old)’s back franking car in the same direction as the Defendant’s progress direction by neglecting his/her duty at the front of the vehicle; and (c) took the victim F. 50 years old, G (V, 52 years old), and the victim H (H (18 years old), who was on the part of the victim D and the said Fran car, by taking the back f. f., which was on the part of the victim D and the said Fran car, to the victim D and the said F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and the current status of confinement/taking by individuals, to statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents applicable to the facts constituting the crime, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims H of the largest criminal situation);

1. The offense of violation of the Act on Special Cases concerning Selection of Traffic Accidents shall be punished by imprisonment without prison labor or imprisonment without prison labor for a violation of the Road Traffic Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [limited to the extent that the punishment is added up for the long term of two crimes] shall be concurrent crimes with the punishment determined for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy penalty;

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