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(영문) 청주지방법원 충주지원 2014.10.10 2013고단155
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. On-site photographs;

1. Registers of driver's licenses;

1. A medical certificate for the preparation of a medical doctor E;

1. Written estimate of damage;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the sentence is inevitable in light of the following: (a) the scope of the recommended sentence based on the sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of the recommended sentence] [the scope of the recommended sentence] the aggravated area (1 to 3 years) of the escape (1 to 1 year) after traffic accidents; (b) where illegality is serious under the proviso of Article 3(2) of the School Special Act, the crime was committed for not less than 4 months since it committed the same kind of crime as the Defendant’s judgment in the case where the illegality is serious; (c) the victim’s injury is serious; and (d) the victim did not make any effort to recover from damage

However, considering the equity in the case of being judged at the same time as the previous conviction in which the defendant was committed, considering the age, character and conduct, occupation and family environment of the defendant, the sentence like the order should be determined by taking into account the various circumstances, which are the conditions for sentencing as shown in the records.

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