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(영문) 대전지방법원 홍성지원 2015.06.17 2011고단61

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 became final and conclusive.

Reasons

Punishment of the crime

[Attachment] On March 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Western District Court, which became final and conclusive on May 30, 2014.

【Criminal Facts】

The Defendant is a person who is engaged in driving of fixed cargo C.

On November 1, 2009, the Defendant driven the above cargo vehicle without a driver's license on November 21, 2009, and proceeded at a speed of about 60 km per hour with the direction of the road in front of the E-owned station in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do toward the south-west side of the main stream.

At the time of night and where the center line of yellow-ray is installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by keeping the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected to do so and caused the victim F (the 35-year old) who was driven by the opposite lane due to the negligence of breaking the median line and driving it on the opposite lane to be the left side of the cargo vehicle and shocked with the above left side of the cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F, such as satisf in need of treatment for about three weeks, and at the same time, escaped without any necessary measures such as providing relief to the victim by immediately stopping the cargo vehicle, even though it damages the repair cost of KRW 1,637,581, such as the front offender, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Photographs of the actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate (F);

1. Written estimate;

1. Previous convictions: Application of summary information of case, judgment, and current status of personal identification and confinement by Acts and subordinate statutes;

1. The point of escape after occupational negligence in the pertinent legal provision on criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act: The point of driving without a license under Article 152 of the Road Traffic Act.