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(영문) 광주지방법원 목포지원 2014.04.11 2014고단159

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K5-car.

On November 23, 2013, the Defendant driven the said car without obtaining a driver's license at around 17:40 on November 23, 2013, and driven a two-lane road in the direction of a new wind at the time of leisure, using a two-lane road at the direction of about 70 km each hour from the side of the summer to the right side of the summer.

Since this is an area where a white real line is prohibited from changing the course, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle without changing the lane.

Nevertheless, the Defendant neglected this and neglected the duty of prohibiting change of course, thereby changing the two lanes from the first lane to the second lane in violation of the duty of prohibiting change of course, and received the parts adjacent to the left side of the D low-speed car driven by the victim C(the age of 42) who is driving in the same direction as the two lanes in the same direction in the same direction.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury to salt, tensions, etc. in light of the trend that requires approximately two weeks of medical treatment, and at the same time, the repair cost, such as the exchange of the above low-speed car to the extent that the 858,076 won was damaged by the latter, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. A written diagnosis and written estimate with C;

1. Application of the ledger of driver's license, traffic accident field evidence and photograph 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 penalty: