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(영문) 대전지방법원 2016.04.14 2016고단335
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 2, 2013, the Defendant: (a) obtained a driver’s license of a motor vehicle on July 22, 2013; (b) driven the motor vehicle by I to drive the motor vehicle and drive the motor vehicle at an intersection of each Dong in the Chsan-si in the Chyeong-si at the surface of the Chyeong-dong at the surface of the Chyeong-si; (c) by negligence of driving the motor vehicle without properly examining the front section, the back part of the victim J. J. J. (K.) who driven the motor vehicle and driven the motor vehicle at the front section of the Defendant’s driver’s vehicle, thereby causing injury to the victim, such as brain dust, etc. which requires approximately three weeks of medical treatment; and (d) did not immediately stop the motor vehicle so as to damage the repair cost of KRW 2,089,677 and does not take necessary measures to rescue the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the J police;

1. A traffic accident report;

1. License register;

1. A medical certificate;

1. Application of the written estimate statutes;

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) and 151 of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

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 and the crimes of violation of the Road Traffic Act (not later than the accident);

1. Selection of imprisonment with or without prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, or a violation of the Road Traffic Act, as a matter of choice of punishment;

1. Aggravation of concurrent crimes: the punishment provided for in the former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated by concurrent crimes with the punishment provided for in the offense of the aggravated Act of the largest specific crime (fugitive vehicles): Provided, That the punishment shall be aggregated to the extent that the long-term punishment of each of

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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