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(영문) 대전지방법원 논산지원 2015.04.10 2014고단462

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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 20:00 on August 26, 2014, the Defendant was a person engaging in driving a rocketing car, and the Defendant was driving the said car to scam from the direction of the granting police station without obtaining the driver’s license, while driving the said car to scam in the king-U.S., Sung-gu, Sung-gu, Sung-nam, Chungcheongnam-do.

Since the passage of vehicles is frequent, the person engaged in the driving of motor vehicles has a duty of care to safely pass along the intersection by accurately manipulating the steering gear, etc. in the front of the road.

Nevertheless, the Defendant neglected this and got off the part front of the instant car driving by the Defendant’s driving of the front side of the left side of the vehicle in D-ro driven by the victim C (59 years old) who entered the right side of the course from the course of the vehicle due to negligence.

The Defendant, by such occupational negligence, caused the victim to suffer injuries, such as salt bars and tensions, etc., which require approximately two weeks of medical treatment, and at the same time, did not immediately stop the car to the extent that the repair cost equivalent to KRW 542,925 is damaged to the said car and absconded without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as a traffic accident occurrence report, a traffic accident actual condition investigation report, diagnosis certificate, estimate, and automobile

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;

2. Crimes under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Offense of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Violation of the Road Traffic Act (Offense of Non-accidented Measures).