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(영문) 수원지방법원 안산지원 2014.02.13 2013고단3221
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domination Vehicle) and the Road Traffic Act (U.S.A.) were committed on August 12, 2013 by the Defendant driving a Domination Vehicle B at around 07:41, 2013, and the Defendant was driving the Domination Vehicle at around 07:6, South-gu, Incheon, Nam-gu, Yan-gu, with a two-lane of the 6-lane Domination of the Domination Road at the Domination of the Domination Road at the front of the restaurant, and the two-lane of the Domination of the Domination Road. At the same time, the Defendant did not take measures necessary to repair the Domination Road to the extent that the Domination Party neglected the duty of Domination and failed to operate the Domination Road at the front of the Domination Road and caused the Domination to the extent that it would be necessary.

2. On August 12, 2013, the Defendant, as a holder of the said BScar car, operated the said car that was not covered by the mandatory insurance at the same place as the foregoing paragraph (1) at around August 12, 2013, despite the fact that the Defendant was prohibited from operating a vehicle on the road that was not covered by the mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Mandatory insurance policies, photographs of suspect driving vehicles, photographs of damaged vehicles, photographs of accident scene guidance, actual condition survey report, medical certificate, and written estimate;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant 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) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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