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(영문) 대구지방법원 2016.05.19 2016고단823
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 19, 2015, when the Defendant driven a Bsch Rexton car without obtaining a driver's license, and moves the way to the front road of the Daegu Southern-gu Seoul metropolitan road from the upper intersection to the front apartment road of the 1st apartment road of the Taecuk-gu, Daegu-gu, the Defendant left the right-hand hand and arms of the victim E (77 years old) who opened the road along the crosswalk installed in the bend bank due to occupational negligence when he neglected to stop the front road from the front intersection to the front road of the Taecuk-gu, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a medical certificate and an investigation report (No. 3 of the evidence list);

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommended punishment] The basic area (from August to January 1) of the first type (the minimum criteria for multiple crimes, as multiple crimes are not applied to the crime of violating the Traffic Act (unlicensed Driving) on which no sentencing criteria are set, the minimum criteria shall apply] [the decision of sentencing] of the following circumstances and the defendant's age, sex behavior, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., are taken into consideration, and the sentence shall be determined as per the order.

The defendant is at a disadvantage.

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