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(영문) 광주지방법원 목포지원 2013.04.04 2012고단1730
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 13, 2012, around 06:56, the Defendant was driving a B 2 freight vehicle without a driver’s license and driving a B 2 freight vehicle in front of the free market at a wooden hour) was driving in the direction of the Cheongh Middle School in the direction of the Cheongh Middle School. On the part of the freight partitions of the said 2 car driven by the Defendant by the victim C (the latter, 37 years old) who followed the course signal to the port from the right side of the course due to the occupational negligence of the Defendant entering the intersection by violating the signal.

As a result, the Defendant got injured by salt, tension, etc. of the bones, which requires medical treatment for about two weeks, and at the same time destroyed a passenger car equivalent to KRW 2,943,134, the Defendant immediately stopped and escaped without taking necessary measures when a personal traffic accident occurred.

Summary of Evidence

The application of the law to the defendant's legal statement, the police statement of C, the actual survey report, the diagnosis report, the estimate, the vehicle photograph, and the vehicle driving license ledger.

1. Relevant legal driving without a license for a crime: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act to escape after occupational injury due to traffic accidents: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act to not take measures after traffic accidents: Articles 148 and 54 (1) of the Road Traffic Act;

2. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Mutually between a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violating the Road Traffic Act);

3. Selection of each sentence of imprisonment with prison labor ( Consideration, such as the fact that the negligence and illegality of a defendant against a traffic accident are serious, that of a crime due to escape without taking any measures against a traffic accident, that of a bad quality of the crime, and that of two times the records of traffic crimes, such as drinking driving, etc.

4. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 (within Maximum Scope) of the Criminal Act.

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