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(영문) 대전지방법원 2013.11.21 2013고단3781
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 16, 2013, the Daejeon High Court sentenced the Defendant to imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which became final and conclusive on the 29th of the same month.

On August 23, 2013, the Defendant driven a DKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-k-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-

Ultimately, the Defendant, by occupational negligence, sustained injury, such as cutting down the upper right frame, which requires treatment for about four weeks, and at the same time, escaped without immediately stopping the said car and taking necessary measures, such as aiding the victim, even though it damages the said car to be 10,576,177 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report, diagnosis report, and quotation;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The following facts are considered: (a) the Defendant’s negligence, accident, and degree of damage in an accident on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act were escaped without taking a measure despite that the degree of such damage is not somewhat weak; and (b) the Defendant committed the instant crime without being aware of the fact that the Defendant was sentenced to a final judgment in the first instance court due to the crime that became final and conclusive, and was under detention.

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