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(영문) 부산지방법원 2018.08.16 2018고단1085
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

1. Each statement of J and K;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the facts constituting the crime (the driving of an automobile without a license, the selection of imprisonment), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of escape after the injury of occupational negligence), Article 260 (1) of the Criminal Act (the point of violence, the selection of imprisonment with prison labor)

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes ( between a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violation of the Road Traffic Act (non-measures after an accident) and a choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing guidelines applicable to the first crime (traffic) [the scope of recommending a specific crime] set forth in the sentencing guidelines [the scope of punishment] set forth in the mitigated range (six months to one year after the death) [the person specially mitigated] [including efforts taken to recover damage]] in the area where punishment is not set, and there is no guidelines set in the sentencing guidelines. Thus, the sentencing guidelines for the most serious crime are referred to as referring to the sentencing guidelines for the last crime. * The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence) and the violation of the Road Traffic Act (unlicensedless Driving) in the relation of substantive concurrent crimes set forth in the former part of Article 37 of the Criminal Act are not set in the sentencing guidelines, and the lower limit is in accordance with the lower limit set in the sentencing guidelines set forth in the sentencing guidelines, so the second crime (crime) [the scope of recommending a specific person] set forth in the sentencing guidelines / [the scope of punishment] set forth in the category of assault and assault crimes (the basic between January and June 1 to 6].

2. The defendant who made a decision of sentence has led to a confession of all the crimes and has committed a misunderstanding in depth, and has agreed with the victims of the traffic accidents. However, the defendant committed each of the crimes since one year has not passed since the defendant was released from the court, and the victims of the crime of assault.

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