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(영문) 대전지방법원 천안지원 2015.12.11 2015고단1643

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On November 20, 2014, the Defendant was sentenced to a stay of execution of three years for the crime of rape in the branch court of Suwon District Court on March 20, 2014, and the decision became final and conclusive on the 28th of the same month, and is currently

【Criminal Facts】

1. The Defendant is a person engaging in driving a franchise-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 13, 2015, the Defendant did not obtain a driver's license in around 23:50 on June 13, 2015, and had a road that is not divided into four lanes near Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

At the time, the road width is at night, there is no narrow and narrow road width, and pedestrians pass along the road. In such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents by safely driving the motor vehicle, such as driving the motor vehicle without a license as above, thorough operation of the front-distance, and accurate operation of the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and went back as it was due to the negligence of proceeding, and caused the victim D (the age of 25) who walked on the road at the time of the horse to go up with the above vehicle, and caused the victim to suffer injury, such as the structural felling of the offel felll, which requires treatment for about seven weeks, and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the time and place specified in the preceding paragraph, and driving the said Crane car as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of the actual condition survey report and report on occurrence;

1. Descriptions of a medical certificate;

1. Entry into the license ledger;

1. Application of video-related Acts and subordinate statutes to an accident site photograph;

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