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(영문) 대전지방법원 홍성지원 2016.04.05 2016고단90

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle with Category C gender in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epiking Vehicles).

On December 30, 2015, the Defendant driven the said car without obtaining a driver’s license on December 30, 2015, and continued to turn to the left from the triam distance located in the Masan-Seoul Hong-gun, Hongcheon-gun, U.S., U.S. to the right of left to the right of the right of the red side from the Macheon-Eup.

Since there is an intersection in the front of the road, there was a duty of care to prevent accidents by driving a motor vehicle with a pedestrian who is engaged in driving the motor vehicle.

Nevertheless, the defendant neglected to turn to the left without obtaining a driver's license, and did not find the victim D(78 years old) who was standing the crosswalk from the right side of the defendant's running direction to the left side, and the defendant did not start the victim D(the 78 years old) and followed the victim's right edge with the front side of the driver's seat of the car that the defendant drives.

Ultimately, even though the Defendant suffered from the injury of the 3, 4, and 4, the part of the legarium, which requires approximately six weeks of medical treatment, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the injured party.

2. Violation of the Road Traffic Act (Unlicensed Driving) driving of the said vehicle without obtaining a driver’s license from the front side of the Western Sea High School located in 23, 705, Hongsung-gun, Hongsung-gun, Hongnam-ro, 1, to the road located in approximately 15,07, a 13km-ro 107, the same military impulse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Registers of driver's licenses and investigation reports (Confirmation of the distance in which a person under consideration drives a vehicle without a license);

1. On-site photographs and CCTV photographs;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;