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(영문) 울산지방법원 2016.11.29 2016고단3139
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2016, the Defendant driven a C-Motor vehicle without obtaining a driver's license at around 21:35 on July 25, 2016, and proceeded in the front side of the “E” farming ground D at the same time in Yangsan-si.

The Defendant was negligent in neglecting the front and front of the Defendant’s vehicle’s right side of the G car of the victim F who stops on the right side of the front side of the road.

With the shock of traffic accidents, the victim H (n, 66 years old) who was aboard a G automobile suffered from injury to sugars, etc., which had no open two rooms requiring treatment for about two weeks, and at the same time, G automobile was damaged to cover the repair cost of KRW 1,735,429.

However, the Defendant immediately stopped and escaped without taking necessary measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Registers of driver's licenses;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Desertion from the occupational negligence in relation to the relevant criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Unlicensed driving under Articles 148 and 54 (1) of the Road Traffic Act: Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment

1. From among concurrent crimes, an aggravated punishment for concurrent crimes within the term of punishment calculated by adding the maximum term of both crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the maximum term of both crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria;

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