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광주지방법원 2014.05.09 2014고단1214

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

The defendant is a person who is engaged in driving a Cren car.

On March 6, 2014, the Defendant driven the said car without obtaining a driver's license at around 07:10 on March 6, 2014, and led to turn to the left from the edge of the distribution center of agricultural products the blind distance in front of the Young High School located at the 45-ro of Gwangju Mine-gu.

Since there is a remote distance in which a signal apparatus is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle according to its signals by reducing speed and by properly examining the signal apparatus.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and received the part of the FL car owned by the victim D(I, 35 years old) who was proceeding in accordance with the straight line to the right-hand K Hospital from the left-hand side of the running direction of the said car, and followed the right-hand side of the FL car owned by E Co., Ltd., driving by the victim D(I, 35 years old).

As a result, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant, while destroying and damaging a car owned by E in the manner that the amount of KRW 1,118,378 is equivalent to the repair cost, did not immediately stop, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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. Article 37 of the Criminal Code among concurrent crimes.