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(영문) 서울동부지방법원 2014.06.05 2014고단469
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

At around 00:40 on January 16, 2014, the Defendant, who is engaged in driving of B-type cargo vehicles, driven the said cargo vehicles without a driver’s license, and proceeding the ecological park intersection distance along the road in Gangdong-gu Seoul Metropolitan Government, from the upstream to the intersection of the tent. The Defendant, by negligence in the course of business, failed to properly operate the steering and brake system and did not cause the ebbbbbbb, ebbb, in order to signal the atmosphere at the front part of the said cargo vehicle.

As a result, the Defendant suffered from a safinial safinial safinial saf in need of treatment for about three weeks from the above occupational negligence, and at the same time, the Defendant destroyed the said saf to the extent that the said safs are damaged, and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the actual condition survey report, vehicle driving license register, diagnostic certificate, and written estimate and other Acts and subordinate statutes;

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 and 54 (1) of the Road Traffic Act, Articles 152 and 43 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 each sentence of imprisonment;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. 법률상 처단형의 범위 : 징역 6월 ∽ 17년 6월

2. 양형기준상 권고형의 범위 : 징역 6월 ∽ 10월 [교통범죄군, 교통사고 후 도주, 제1유형(치상 후 도주), 감경영역(처벌불원)]

3. Determination of sentence;

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