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(영문) 대구지방법원 김천지원 2013.04.18 2012고단1141
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 11:20 on January 16, 2012, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a CNEW EF rocketing motor vehicle and proceeds from the intersection in front of the relevant laund site in the yellow road at the front of the relevant laund site at the front of the relevant laund, the Defendant, without verifying whether there is a vehicle entering the intersection and without verifying whether there is a vehicle entering the intersection, received as the part of the victim D(44 years old)’s Karen motor vehicle driving in front of the left side of the said motor vehicle in front of the right side of the said vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and at the same time, the Defendant, while destroying the Karen car car to be in excess of KRW 1,344,013, she immediately stopped and escaped without taking necessary measures, such as providing rescue to the victim.

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. The ledger of driver's licenses;

1. Application of the Acts and subordinate statutes of a written diagnosis (D) and written estimate (E);

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 (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, shall be imposed;

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