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(영문) 대구지방법원 서부지원 2014.01.23 2013고단1578

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving B B B-II trucks.

On November 2, 2013, at around 18:05, the Defendant driven the said truck without a driver’s license, and was driving the said truck on the front right part of the truck of the said B B B, thereby causing injury to the victim, such as crypitis for about three weeks in need of medical treatment, while neglecting the duty of care at the speed of 60km from the front side of the B B B, to the front side of the C, and neglecting the repair cost of the said B B, to the front side of the C, and failing to immediately stop the said B, without any necessary rescue measures, by making the victim escape from the front side of the C (57 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement to C by the police;

1. A written diagnosis and written estimate;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;