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(영문) 대전지방법원 2014.02.07 2011고단620

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 22:55 on December 19, 2009, the Defendant driven a CA car without a driver’s license, and continued to drive a four-lane road in front of the Sungnam East-dong, Daejeon-dong, Sungnam-gu, Daejeon at an aesthetic speed from the right edge to the same edge distance. At night, the Defendant had a duty of care to see the front line and to prevent accidents by accurately operating the steering steering system at night, but the Defendant failed to perform so as to keep the Defendant from driving on the right edge road of the front direction due to the occupational negligence while under the influence of alcohol, and did not see the victim D (40 years of age) driving, which was parked to take on the front right edge of the Defendant’s vehicle, and received the part of the back part of the cargo vehicle, which requires medical treatment for about 10 days, and at the same time, the Defendant did not immediately stop the 10-day cargo vehicle and did not immediately stop and stop the 10-day cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D 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 former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 268 of the Criminal Act (amended by Act No. 10790, Jun. 8, 201); Article 148 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 54(1)2 of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010); Article 152 subparag. 1 and 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011);

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

1. The driving of a motor vehicle without a driver's license, while failing to purchase a comprehensive motor vehicle insurance policy with regard to the selection of punishment for a penalty;