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(영문) 대구지방법원 의성지원 2017.09.21 2017고단244

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

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On June 17, 2017, the Defendant driven the said car without a driver's license on 09:20 on June 17, 2017, and led the Defendant to proceed to the Gi-Eup/Myeon from the west-gun, the lower court, the lower court, at the lower end of 90-1, the lower part of the road, the lower part of which was north-do.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and changed the vehicle line from the two lanes to the one lane, and caused the Victim C's D's D' which was proceeding along the one lane due to the negligence of the rapid operation of the vehicle, and received the part of the passenger vehicle in front of the vehicle as the part of the Defendant's vehicle behind the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fingers, which requires a two-day medical treatment, due to the foregoing occupational negligence, and at the same time escaped without taking measures to rescue the victim and prevent danger on the road and ensure smooth traffic flow, even though the victim caused danger to the road by driving away from the part front of the passenger car and causing scatterings on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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 (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after accident), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licenseless driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Violation of Road Traffic Act (the Act on the Aggravated Punishment, etc. of Specific Crimes) are more severe.