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(영문) 대전지방법원천안지원 2020.11.27 2020고단2292

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a B-hand vehicle.

On July 23, 2020, the Defendant driven the said car without obtaining a driver's license on July 10, 2020, and led the Defendant to drive the said car along two-lanes in the direction of Seoul, 345.8km in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

At that time, there was a duty of care to reduce speed and prevent accidents in advance by properly examining the front side of the vehicle driving business.

Nevertheless, the Defendant neglected this and proceeded in the same direction by negligence, and received the part behind the DPoter II Cargo from the victim C (Nam, 60 years old) driving in the same direction.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E (Nam and 51 years old), who was on board the said cargo with the victim C, to the victim E (ma), for about two weeks of medical treatment, and at the same time, destroyed the said cargo to the repair cost of KRW 6,100,000,000,000,000,000 for the repair cost of the said cargo. On the other hand, the Defendant destroyed the said cargo to the 3-lane car from the said accident to the 700,000,000,000,000,000 won for the repair cost, and escaped without immediately stopping it.

Summary of Evidence

1. Application of Acts and subordinate statutes to the ledger of driver's license (Evidence No. 13) such as a traffic accident report, a traffic accident report, a actual condition survey report, a written estimate for repair, and a field photograph of estimates;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Selection of punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;