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(영문) 대구지방법원 서부지원 2015.11.27 2015고단1336

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a two-wheel automobile of DMW C650GT 650cc.

On May 29, 2015, the Defendant driven the said two-wheeled vehicle without a Class 2 driver's license for a small-sized motor vehicle on May 29, 2015, and driven the three-lane road in front of the Daegu Seo-gu E commercial building at a speed of about 80km at a speed of about 10km from the direction of the monthly basin to the distance of the transmission market.

At the time, since it was not good at night, there was a duty of care to prevent accidents by accurately operating the steering service of a two-wheeled motor vehicle, by making it possible for the driver to take the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the defendant neglected to maintain a rapid speed while maintaining the right speed, caused the victim F (n, 49 years old) who crosses the road to the right side from the left side of the running direction of the defendant to go the road to the right side of the two-wheeled automobile driving by the defendant, and caused the victim to go beyond the floor.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as mination of flapsing in the right flaps, which requires treatment for about 20 weeks, and escaped without immediately stopping and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of the medical certificate (F);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the

1. From among concurrent crimes, the defendant's reasons for sentencing in the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act, has inflicted an injury with the victim's heavy attention by occupational negligence during driving.