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(영문) 대전지방법원 천안지원 2014.10.14 2014고단772

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

Criminal facts

The Defendant is engaged in driving service of Category B NewF Launa car.

On May 20, 2014, the Defendant driven the said car without a driver's license on May 22 and 10, 2014, and proceeded with one lane from among the five lanes in front of the gallonyon road in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seoan-gu, Seocheon-do.

At that time, traffic control is carried out by signal lights, so in such a case, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the straight signal, and caused the front part of the victim C (A. 37 years old) driving of the gallony department store in the galsian department room in accordance with the new subparagraph from the opposite part of the Defendant’s proceeding direction to the left part of the driver’s vehicle to be the front part of the driver’s vehicle.

Although the Defendant, by negligence in the course of performing the above duties, sustained injuries, such as salt, tension, etc., due to the climatic negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. On-site photographs and CCTV images at the time of collision;

1. Registers of driver's licenses;

1. Signal frequency table;

1. Application of Acts and subordinate statutes of a medical certificate;

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, Article 54 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act and Articles 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act: