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(영문) 대전지방법원 2019.06.05 2019고단1185

특정범죄가중처벌등에관한법률위반(도주치상)등

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

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

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

On March 23, 2019, the Defendant driven the said car without a driver's license on March 23, 2019, and driven the road of one lane in Seo-gu, Seo-gu, Daejeon along the speed from D to the Mobing Residents' Center.

At night, there are vehicles parked and stopped on both sides of the road at night, and thus, there was a duty of care to prevent accidents in advance by properly manipulating the steering gear and brakes by reducing speed and properly manipulating the steering gear and brakes while living well on the right and the right of the driver of the vehicle.

Nevertheless, the Defendant was negligent in failing to properly operate the steering gear and brakes under the negligence of neglecting his duty of care and neglecting his duty of care, and received the part back to the left-hand part of the victim E(62 years old) that was proceeding in line with the Defendant’s direction, following the top-hand part of the victim E(62 years old) that was proceeding in line with the Defendant’s direction.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and at the same time, escaped without immediately stopping the said taxi to the extent that the 1,131,146 won was damaged, such as the exchange of fryer, but not taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. The actual condition survey report, on-site and vehicle photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 Competition.