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(영문) 인천지방법원 부천지원 2014.09.24 2014고단1857
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in a SP area.

On June 12, 2014, at around 20:20, the Defendant driven the said car without a driver’s license, and neglected to turn to the left the road 27-gil-ro 136, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, from the right edge of the Nowon-gu, Nowon-gu, and neglected to turn to the left. On the left side of the bicycle driven by the victim E (Nam, 49 years old) who was driven by the front part of the driver’s seat of the said spati-si, and went to the left, without taking necessary measures, such as immediately stopping the steering system and the operation of the steering system.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 152 subparagraph 1 of Article 152 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment for a crime;

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

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The crime of this case on the grounds of sentencing under Article 62-2 (1) of the Criminal Act is deemed to have escaped without taking measures such as aiding and abetting the victim while driving a motor vehicle without a license by the defendant, and the nature of such crime is not good;

However, the fact that the defendant repents and reflects his mistake, the injury suffered by the victim is not serious, and the vehicle driven by the defendant is comprehensive insurance.

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