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(영문) 청주지방법원 2013.07.19 2013고단592
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2013, the Defendant was a person engaged in driving a rocketing car. On March 21, 2013, the Defendant operated the said rocketing car without obtaining a driver's license. On March 22:23, 2013, the Defendant proceeded to turn to the left according to one-lane method from the girrith surface to the girrithic surface from the girrithic apartment located in the girrie apartment.

There are three-distance crossings without signal lights, so in such cases, there was a duty of care to safely drive a motor vehicle by accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected to turn to the left as it was and proceeded to the left, thereby passing through the intersection from the left side of the bed bank to the right side of the victim C(54 years old) drive C(54 years old) to the right side of the cargo vehicle, and received the rear part of the above laun vehicle as the front right part of the laun vehicle.

The Defendant, by occupational negligence, caused the victim to suffer from the scopical scopical scopher of the trend requiring medical treatment for about three weeks, and at the same time, destroyed the damaged vehicle to bring about KRW 2,306,337, and escaped without immediately stopping the damaged vehicle and taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes, such as site photographs and vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1), subparagraph 1 of Article 152 and Article 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. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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