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(영문) 광주지방법원 2015.01.29 2014고단3522

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 12, 2014, the Defendant driven C Freight Vehicles without obtaining a driver's license on July 12, 2014, and proceeded at a speed of about 30km at a speed of about 30km from the side of the State, along with the two-lane road in front of the Eriju Station D.

Since there is a central separation cost, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the right side of the central separation zone.

Nevertheless, the Defendant neglected to do so and received the front left-hand side of the said cargo vehicle from the victim F (hereinafter referred to as 42 years old) who is driving a normal lane due to the negligence of driving ahead of it according to the left-hand side of the central separation unit.

Ultimately, the Defendant suffered injury to the victim, such as brain, which requires medical treatment for about two weeks due to occupational negligence as above. At the same time, the Defendant did not immediately stop the damaged vehicle and run away without taking necessary measures, such as providing relief to the victim, even though the damaged vehicle was destroyed by repair costs equivalent to KRW 4,527,04.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement made by the police officer in relation to F and H;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a report on internal investigation (specific suspects and measurement of drinking;

1. A written diagnosis and written estimate;

1. Application of the evidence photographs of traffic accidents, the evidence photographs of traffic accidents, the evidence photographs of traffic accidents (on-site photographs and photographs of damaged vehicles);

1. Article applicable to criminal facts;

(a) Escape after the injury from occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54(1) of the Road Traffic Act;

(c) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for each choice of punishment;