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(영문) 대전지방법원 2018.06.27 2018고단1318
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

. Summary of the evidence;

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. A survey report on actual conditions;

1. Each written diagnosis and written estimate;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, the main sentence of Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where a person commits a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes within the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area of the first type (from August to January 6) (including special mitigation), the punishment of a person not subject to punishment (including serious efforts to recover damage), and drinking driving, etc. (including other offenses set forth in the sentencing guidelines) after traffic accidents;

2. Circumstances unfavorable to the decision of sentence: The most serious liability for the crime is the case where a person who is driving a passenger car not covered by mandatory insurance without a license during the period of suspension of execution runs away as it is, and the previous one is also sentenced to suspended execution as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the most favorable punishment records (three times of suspended execution): it reflects the fact that the victims have agreed with the victims, and all of the sentencing conditions such as the defendant's age, sex, environment, motive, means and results of the crime, and the circumstances after the crime are considered.

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