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(영문) 수원지방법원 평택지원 2015.10.22 2014고단269
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2014, the Defendant, at around 16:15, operated an O T-ray X-ray car on the front side of N Real Estate located in Pyeongtaek-si M without obtaining a driver's license, and went directly to a back-road without any central line in the direction of F-ray from the direction of F-ray in the direction of F-ray, neglected to perform his/her duty of care in the direction of F-ray, while neglecting to perform his/her duty of care in the direction of F-ray in the direction of F-ray, and attempted to go beyond the victim by shocking the body part of P (7 years of age) on the front side of the above vehicle with the left side of the above vehicle, thereby incurring injury to the victim, such as the kick-ray, which requires medical treatment for about two weeks, and even if stopping immediately and failing to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police [ Q (P No. 6, 10)];

1. Mandatory insurance policy, actual survey report, and report on the occurrence of any traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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, Articles 152 and 43 of the Road Traffic Act, and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The lower limit of the punishment for concurrent crimes provided for in the former part of Article 37 of the Criminal Act between the violations of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the sentencing guidelines are set for the reasons of sentencing provided for in Article 62-2 of the Criminal Act and the violations of the Road Traffic Act for which no sentencing guidelines are set, shall follow the lower limit of the sentencing guidelines for the crimes for which the sentencing guidelines are set, and the scope of the recommended punishment for the violations of the Aggravated Punishment

[Extent of recommendation] The injury of the first type after a traffic accident shall be the injury.

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