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(영문) 서울동부지방법원 2014.01.27 2013고단191
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On November 18, 2010, the Defendant was sentenced to 8 months in Seoul Eastern District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the enforcement of the said sentence was completed on July 17, 201.

The defendant is a person who is engaged in the duty of driving Category C truck.

On September 6, 2012, the Defendant driven the said vehicle without a driver’s license at around 07:05, and parked the said vehicle on the road in the front side of the Gangseo-gu Seoul Special Metropolitan City, the Gangdong-gu Seoul Metropolitan City, the 3310-ro Do 3310-ro, and went away without taking measures such as providing relief to the victim, such as the victim D (V, 53 years old) who was going behind the said vehicle due to the negligence in the course of business, which was going behind the vehicle due to the negligence in the course of business, while driving the said vehicle, and driving the said vehicle on the road near the said road, which was located in the first way in front of the Do 3310-ro, Gangdong-gu, Seoul Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The actual situation survey report, traffic accident occurrence report, diagnostic certificate, CCTV video CD, and the register of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 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, Article 43 of the Road Traffic Act, and Article 35 of the Criminal Act from among repeated offenders (Provided, That with respect to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, it shall be limited in the proviso to Article 42 of the Criminal Act);

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 (Aggravation of concurrent crimes within the limit of the proviso of Article 42 of the Criminal Act with respect to the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Discretionary mitigation Criminal Act;

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