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(영문) 대전지방법원 2013.07.05 2013고단1711

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 22:50 on April 18, 2013, the Defendant: (a) driven a C-A-Wurt Motor Vehicle without obtaining a driver’s license; (b) was waiting to turn to the left at the center of the central funeral, while driving a three-lane road in front of the new road of Sejong Special Self-Governing City, Sejong Special Self-Governing City, along the one-lanes from Daejeon to the westan in the direction of the central funeral hall; (c) on the other hand, the Defendant was waiting to turn to the left at the center of the central funeral; (d) the Defendant was waiting to turn to the top of the Egal wave of the victim D (V, 43 years old) by checking the signal; and (d) by neglecting the duty of care to safely drive the vehicle and prevent the accident by driving the vehicle in advance while neglecting the duty of care to look at the situation of the vehicle in front; and (e) by neglecting the situation of the vehicle in front of the victim’s driving vehicle.

At the same time, the Defendant, by negligence in the course of performing such duties, sustained bodily injury, such as an infection dynasium which requires treatment for about two weeks, and even though the repair cost, such as the exchange of a panion, was damaged to the degree of 592,917 won, failed to immediately stop the vehicle and take necessary 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. A written diagnosis and written estimate;

1. Application of the statutes on the register of driver's licenses;

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 (the point of failing to take measures after an accident) Articles 152 subparagraph 1 and 43 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Minor mitigation of discretionary mitigation of damage under Articles 53 and 55(1)3 of the Criminal Act, minor damage, non-guilty penalty, purchase of automobile comprehensive insurance, suspension of execution.