특정범죄가중처벌등에관한법률위반(도주차량)등
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.
Punishment of the crime
The Defendant is a person who is engaged in driving of fixed cargo C.
On November 6, 2012, the Defendant driven the above vehicle without obtaining a driver's license at around 03:50 on November 6, 2012, and operated the four-lane road of the 351-38-lane, Seocheon-si, Seocheon-si, Seocheon-si along the two-lane distance from the side of the vice Ambassador distance to the telephone station distance.
At the time, since it was a night and a shot road, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by accurately manipulating the steering system, brakes, and other devices of the motor vehicle.
Nevertheless, the Defendant neglected to operate the brake system and caused the franchising of the above cargo vehicle in the signal atmosphere, and led the victim D (year 44) who was in the atmosphere of the above cargo vehicle to drive the franchis in the front part of the passenger vehicle.
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks, and, at the same time, escaped without immediately stopping the said vehicle to the extent that the repair cost, such as the exchange and maintenance of the fronter, did not take necessary measures such as providing relief to the victim, while destroying the said vehicle to the extent that the repair cost, such as the exchange and maintenance of the fronter.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. Application of the Acts and subordinate statutes on the disqualifications for driver's license, photographic and black image pictures, the ledger of driver's license, diagnostic certificate, vehicle quotation, and the disqualifications of vehicles;
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 (the point of unauthorized Driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.