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(영문) 의정부지방법원 2013.08.23 2013고단1743
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a two-wheeled vehicle B 125 SN125.

At around 15:00 on May 1, 2013, the Defendant: (a) driven the above two-wheeled vehicle without a driver’s license; (b) caused the injury of the damaged vehicle E (the 57-year-old) who is the front left side of the victim C (the 56-year-old driver); (c) caused the central line due to the negligence of violating the duty of the front-time driver’s duty while driving a three-lane road in front of the upper-distance Haak-dong Y-dong Y-dong Y-dong Y-dong Y-dong Y-dong Y-dong Y-si from both sides to the upper side of the road; and (d) caused the damage of the damaged vehicle to the victim E (the 57-year-old passenger) who is the front part of the Defendant and the damaged vehicle, and at the same time caused the damage of the damaged vehicle, and did not immediately stop and stop it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement prepared in C;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. A medical certificate (C, E);

1. Written estimate;

1. Application of Acts and subordinate statutes on licenses inquiry;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime at issue;

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

1. Selection of imprisonment with prison labor or a fine for the violation of the Road Traffic Act with respect to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which requires the choice of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The same department as the fine provided in Article 62 (1) of the Criminal Act exceeds the suspended sentence;

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