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(영문) 광주지방법원 2013.08.27 2013고단3426
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 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 of a fixed cargo vehicle D.

On May 23, 2013, the Defendant driving the above cargo without obtaining a driver's license on May 11:3, 2013, and driving the vehicle to the ero-ero 840 local road in the ero-Gun, erode, ero-do.g., e., e., e., the vehicle.

At that time, the Defendant discovered the victim E (V, 75 years old) who was a bicycle going beyond the above side of the road, and thus, the Defendant had a duty of care to care to ensure the safety distance from the vehicle driver and to prevent the accident by securing the safety distance with the above victim.

Nevertheless, the defendant neglected this and was negligent in driving the victim's right-hand side of the cargo vehicle.

After all, the Defendant, by the above occupational negligence, sustained the initiative of the head part requiring medical treatment for about 10 days, and escaped without taking necessary measures, such as informing the victim of his identity.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Each entry in a traffic accident report, a traffic accident report (1) actual condition survey report, a traffic accident report (2) actual condition survey report, a driver's license register, and a diagnosis certificate;

1. Application of image Acts and subordinate statutes to traffic accident scene photographs;

1. Article 152 subparagraph 1 of Article 152 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 43 of the Road Traffic Act (the driver's licenseless driving), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment, respectively;

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;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act are the driving of drinking water only once.

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