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(영문) 대구지방법원 포항지원 2016.03.23 2015고단1378
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (hereinafter referred to as an "accident") by the Defendant is a person who is a driving employee of a vehicle C by driving the said car at around 18:50 on October 7, 2015, the Defendant: (a) operated the said car; (b) made the left-hand turn to the left at the speed of the central elementary school at the right-hand speed from the north-gu upstream of the city north-gu at the port of port to the non-speed speed; and (c) in such a case, the vehicle driver neglected the duty of care to drive the vehicle according to the direction while neglecting the duty of care to turn to the left-hand at the right-hand turn of the victim D (the age of 57) who was in the atmosphere of the traffic of the eM3 car at the center of the city at the right-hand edge of the vehicle; and (d) received the left-hand turn-hand part of the vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained a scarcity of a scarke wall that requires treatment for about two weeks, and at the same time escaped without taking necessary measures, such as immediately stopping the damaged vehicle and providing relief to the damaged person, even though the Defendant damaged the property that is equivalent to KRW 920,636 at the repair cost of the damaged vehicle.

2. On October 18:50 on October 7, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a motor vehicle without obtaining a driver’s license for the vehicle, as described in the above paragraph (1), from a section of about 4 km away from the front side of the transmission road in Posi-gu, Chungcheongnam-gu, Chungcheongnam-do to the front side of the upper speed road in Posi-gu, North-gu, Posi-si, and drive the motor vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A traffic accident report, each traffic accident report, and on-site photographs;

1. The driver's license ledger;

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

1. Relevant provisions of the Act concerning facts constituting an offense;

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