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(영문) 대전지방법원 2017.08.07 2017고단1586

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 19, 2013, the Defendant entered China for tourism purposes and is currently being illegally staying in Korea, and is a person engaging in driving Cone Star passenger car.

On February 24, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle from around 00:50, the Defendant driven the said motor vehicle, and turn to the left at about 60 km each hour from the direction of the present studal of the sub-section 40km from the direction of the studal of the Seosung-gu Daejeon Seo-gu to the studal of the World Cup stadium games.

At the time of night, there was an intersection where signal lights are installed, and thus, there was a duty of care to prevent accidents in advance due to a person engaged in driving of a motor vehicle to live well on the right and the right of the front and the right of the motor vehicle and to drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected to make a left turn while entering the intersection, which was due to the negligence of entering the right turn and left turn, received the full part of the Defendant’s car E in the driving of the victim D(W, 39 years old) who was on the right side of the Defendant’s car.

As a result, the Defendant suffered injury to the above victim, such as salt, tensions, etc., in need of approximately three weeks of medical treatment due to the above occupational negligence, and at the same time, went away without taking necessary measures, such as stopping, and providing relief to the injured party, even though the above vehicle was destroyed to the extent of 6,750,000 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident investigation report and photographs at the scene of an accident;

1. Application of the Acts and subordinate statutes to a written diagnosis, scrapped certificate, and estimate;

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 (the point of escape after occupational injury and injury) and Articles 148 and 54(1) of the Road Traffic Act (the time of damage) concerning the crime.