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(영문) 의정부지방법원 2018.07.11 2018고단1486
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

(b) Articles 148, 54(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Articles 151(1) and 31(1) of the Criminal Act, Articles 323 and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crimes of violation of Road Traffic Act (after-accident);

1. Selection of a sentence of imprisonment without prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or Non-licenseing), a violation of Road Traffic Act (or Non-licenseing), a crime of aiding and abetting an offender, a crime of obstructing the exercise of rights, and a crime of violating the Road Traffic Act;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] * The basic area (6 months to 1 year) (Interference with the exercise of rights) * The second crime (aided and abetting an offender): The basic area (4 months to 1 year) of the concealment and Escape of an offender (a person who conceals and escape from a criminal) * The primary area (4 months to 1 year) : the concealment of an offender (a person who conceals and escape from a criminal) * The majority offender increased: the scope of final sentence according to the sentencing guidelines of the majority crime : imprisonment for at least six months (at least six months to June 1, 200, no sentencing guidelines are applied, nor the defendant has a person who committed an accident-friendly crime established his/her own sentencing guidelines].

The defendant has been punished for the same kind of crime [the defendant has been punished for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the escapeing vehicle), violation of the Road Traffic Act (the measures not taken after the accident, drinking, driving without a license)].

In particular, on May 27, 2016, the Defendant was punished by imprisonment with prison labor for 6 months, 2 years of suspended execution, and 9 December 2016.

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