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(영문) 광주지방법원 순천지원 2016.07.20 2016고단674

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a Nchip car.

On March 14, 2016, the Defendant, without obtaining a driver's license for a vehicle from around 05:00 as his duties, driven the said vehicle as his duties and continued to drive the said vehicle into two-lanes from the ICC to the upper intersection.

At this point, there is a duty of care to operate safely by accurately operating the steering and brakes in advance, because the signal, etc. begins in the street crossing, and there is a red signal inside the front.

Nevertheless, the Defendant is running rapidly at a rapid speed and finds out and operates an electric red signal at a rapid speed, and the said car is pushed ahead to the port, and the part of the injured party O(74 ) driving of the PPoter in a normal way at a single lane was collisioned with the left part of the Ppoter's car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the Defendant, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and, at the same time, escaped without immediately stopping the said cargo while destroying the said cargo to bring about KRW 4,419,435 of repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of theO;

1. A medical certificate;

1. Written estimate;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition of a traffic accident, and an accident scene photograph;

1. Application of Acts and subordinate statutes to inquiries into driving license registers;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 53 of the Criminal Act for mitigation of amount;