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(영문) 수원지방법원 성남지원 2014.06.10 2014고단806
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 5, 2011, the Defendant was sentenced to imprisonment with prison labor for not less than ten months for an intrusion at the Seoul Central District Court on the same year.

7. 16. The execution of the sentence was completed.

The Defendant is a person who is engaged in driving of B New Flaburian car.

On September 12, 2011, the Defendant: (a) driven the said car without a driver’s license on September 12, 201; (b) changed the course to three-lanes while driving the said car along the three-lane 8-16 lane from the northwest-gu Seoul, Seoul to the forest protection area of the North Seoul Blue-gu, the Defendant was negligent in changing the course to three-lanes while driving the said car; (c) changed the course to three-lanes without other vehicles driving the three-lanes; and (d) did not find the said car or other taxi driving in the same direction to the right side of the said car and received the front part of the said taxi with the right side of the said vehicle.

At the same time, the Defendant, by negligence in the course of performing the above duties, sustained injury to the climatic salt, etc., which requires treatment for about two weeks, and at the same time, destroyed the said taxi owned by the victim’s continental passenger transport service company to have an amount equivalent to KRW 976,00,00, such as the exchange of the front offender, and escaped without immediately stopping the taxi and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. A medical certificate;

4. General repair cost estimate.

5. Previous conviction: Application of a copy of the Act and subordinate statutes concerning criminal records and personal confinement records.

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

5. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act.

6. Article 53 of the Criminal Act for discretionary mitigation.

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