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(영문) 대전지방법원 천안지원 2015.10.19 2015고단1025
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

(b) After having complied with it, to escape an offender, such as preparing a traffic accident situation statement;

Accordingly, the defendant instigated the criminal escape.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or K;

1. Each police statement made to F, A, and M;

1. Medical certificate (H);

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Application of investigation reports (related to CCTVs at the scene of an accident, and to images by cutting off J apartment CCTVs);

1. Article 5-3 (1) 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) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and Articles 151 (1) and 31 (1) of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier);

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

1. Article 62 (1) of the Criminal Act suspended execution. Article 62 (1) of the same Act

1. The Defendant’s crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act refers to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to which the sentencing guidelines are applied as follows, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to which the sentencing guidelines are not set, and the crime of commercial concurrence

[Extent of Recommendation] The weighting area (1 to 3 years after the injury) of the first type (1 to 1) (1 to 3 years) [Special Cases concerning Traffic Accidents] * Where the illegality of the proviso of Article 3(2) of the Act on Special Cases concerning Traffic Accidents is serious (unlicensed Driving) * Where the decision of final sentence was made, the defendant made efforts to recover the damage, but the defendant did not have any particular criminal history, and reflects it.

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