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(영문) 광주지방법원 2014.11.07 2014고단3434
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 01:10 on May 4, 2014, the Defendant driving a motor vehicle with a section of about 510 meters from the front side of the Defendant’s house located in Masung-gun, Masung-gun, to the seven-lane Eup/Myeon 7-gil 26-gil, Manam-gun, Manam-gun, without a motor vehicle driver’s license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person who is engaged in driving of a D high-speed motor vehicle. On May 4, 2014, the Defendant driven the said motor vehicle without a driver’s license on the same day and tried to drive a road at a point other than the crosswalk to the Cheongsung-gun Office located in the Gidong-gun, Gisung-gun. At the speed of about 43 km, from the direction of the Masung-gun Office to the Cheongsung-gun Center. At the same time, the Defendant was installed at the front direction of the vehicle at the time, and the victim E (31 years of age) walked to the right side of the vehicle. In such a case, despite the duty of care to accurately operate the operation of the motor vehicle, the Defendant neglected to stop the vehicle and caused the victim to stop the road at the point other than the crosswalk and immediately stop the road beyond the victim’s body due to the Defendant’s negligence and caused the victim to stop.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police officer's statement to F, G, H, and E;

1. Entry in the register of driver's licenses;

1. Application of the statutes in which a medical certificate (122 pages) is written;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Point of driving without obtaining a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

(b)the injury resulting from occupational negligence in its holding.

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