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(영문) 대구지방법원 서부지원 2018.06.27 2017고단2824
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing and other automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and Road Traffic Act (Egress after accidents).

On October 7, 2017, the Defendant driven the said car without obtaining a driver’s license from around 00:38 on October 7, 2017, and turned the front distance of the Daegu Western-gu C from the fourth four-distance distance to the fourth four-distance.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating brakes and steering gear according to road conditions.

Nevertheless, the Defendant neglected to do so and went to the four-distance distance from the south Daegu IC, which is facing the negligence of the Defendant, followed by the left side of the EM6 car of the victim D(28 S) driving, into the lower right side of the said rocketing car.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the light that requires treatment for about three weeks, and at the same time, destroyed the said SM6 car to be repaired by 5,338,209 won, such as the front penter exchange, and escaped without taking necessary measures, such as aiding the damaged person.

2. On October 7, 2017, the Defendant driven the said rocketing car without obtaining a driver’s license from a section of approximately 200 meters from the front side of the mutual infinite convenience store in the Gu-gu Seo-gu, Daegu to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-3 (1) 2 and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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