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(영문) 의정부지방법원 2018.09.19 2018고단2842
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

(b) A statement;

1. A traffic accident statement (C);

1. The actual investigation report on traffic accidents;

1. The scene of an accident and photographs of damaged vehicles;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes regarding licenses;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act concerning the crime; Article 5-3 subparag. 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 concerning the crime;

1. Articles 40 and 50 of the Criminal Act (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crimes of violation of Road Traffic Act (after-accident);

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] 1 type (e.g., escape after injury) of traffic crime group after traffic accident, the area of special mitigation (a minor injury, non-influence of punishment, March to 1) * a traffic law violation (a driving without a license) for which the sentencing guidelines are not set. Thus, the crime of this case is committed for not less than 6 months according to the lower limit of the punishment of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a decision of sentence] according to the punishment of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a decision of sentence] since the defendant escaped from the scene even though he injured a driver and damaged a vehicle, it is not very good that the crime is committed.

In light of the degree of damage of the vehicle, it seems that the shock at the time of drilling significantly increased.

In 2014, the defendant has been sentenced to suspended sentence due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) that caused an accident while driving a person while driving a person, and in 2017, he/she has been punished due to drinking driving.

Nevertheless, the crime of this case has been committed under the condition of re-license without permission.

It is necessary to punish the defendant strictly.

provided, however, that they are parallel.

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