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(영문) 대전지방법원 서산지원 2012.09.14 2012고단695

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) is a person engaging in driving C tyco cars.

On May 26, 2012, the Defendant driven the above car at a speed of about 40-50km in the speed of 40-km, depending on the two-lanes of the west Coastal Sea Bank, which is located in the asbestos window at Seosan-si, Seosan-si.

At night, since the driver of a vehicle was at night, he had a duty of care to see the situation of the front left left left and right right and to accurately operate the steering and operation system and to drive the vehicle safely.

Nevertheless, the defendant neglected to do so and did not discover the victim D (e.g., age 65) who crosses the road from the right side of the defendant's proceeding to the left side and went beyond the floor by receiving the victim due to the front driver's left side of the defendant's vehicle.

Ultimately, the Defendant, by the above occupational negligence, did not take necessary measures, such as aiding and abetting the victim while suffering bodily injury on the part of the side in need of treatment for about eight weeks, and attempted to escape without taking necessary measures, such as aiding and abetting the victim.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of C T-Co cars from the Defendant’s house located in Chungcheongnam-nam Budget Group E without obtaining a temporary driver’s license as referred to in the above paragraph (1) to the Defendant’s home again via the accident point as referred to in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. On-site and photographs of accident vehicles;

1. Paper;

1. Application of Acts and subordinate statutes to the ledger 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, Article 152 subparagraph 1 of the Road Traffic Act.