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(영문) 서울중앙지방법원 2015.11.27 2015고단4591
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 00:20 on June 3, 2015, the Defendant, without a driver’s license, driven CBE car and continued to drive CBE car and, despite of the absence of a license, continued to take three-lanes from five-lanes of the Doldong 670-dong, Gangnam-gu, Seoul, due to occupational negligence, neglecting the duty at the front time without a license, thereby taking the back portion of the victim D(59 years old)’s E-ray car stopped for signal traffic in the front time, and continued to take measures necessary for the victim’s treatment, such as the victim’s 33 years old car, which was under the stop, and the victim’s 12-day emergency rescue and treatment of the victim’s vehicle, and the victim’s Hamop 2, which was under the influence of the above shock, was under the influence of the victim’s treatment, and the victim’s Harop and the victim’s Harop 2-day emergency warning.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the occurrence of each traffic accident of D and H;

1. A traffic accident report;

1. On-site and vehicle photographs;

1. Each written diagnosis;

1. Written estimate;

1. Reports on internal accidents;

1. Application of Acts and subordinate statutes to report on investigation (inspection of speed of vehicles prior to an accident);

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, subparagraphs 1 and 43 of Article 152 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. The Criminal Act among concurrent crimes.

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