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(영문) 대구지방법원 서부지원 2018.08.22 2017고단2902
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, on March 7, 2017, was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act by the Daegu District Court on March 7, 2017, and was sentenced to a suspended sentence of 2 months on March 15, 2017, and the said judgment became final and conclusive on March 15, 2017.

[Criminal facts]

1. On September 19, 2017, the Defendant driven DMW car from around 07:46 to around 3:0,000, without obtaining a driver’s license, from around the 19:5-6km of the road traffic law, to around the 1:5-6km of the road located in the Seogu-gu Incheon Metropolitan City, Seog-gu, Daegu-gu, Daegu-dong Community Center, via the roads, and to the front road of the public parking lot located in Daegu-gu, the Defendant driven DMW car.

2. Around September 19, 2017, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domain sentence) and violation of Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”), followed the first six-lane of the local community center located in Yongsan-gu, Daegu-gu, Seogu, Daegu-gu, as one-lane between the six-lanes of the local community center located in Yongsan-gu.

In such cases, the driver has a duty of care to prevent accidents by accurately operating the front and left and right of the driver and accurately operating the brake system.

Nevertheless, the Defendant neglected to perform his duty at the front week, but found that the FJ car of the victim E, which was in progress prior to the above BMW car, was moved back to the U.S. permitted zone, and it was negligent in driving the above BMW car by driving it far beyond the right side of the said BMW car, and received the front part of the said BMW car, which was in the U.S., in order to overtake it.

Ultimately, the Defendant suffered injury to the victim due to the foregoing occupational negligence during the two-day period of medical treatment, such as base salt and tension. At the same time, the Defendant did not immediately stop and stop and take measures such as providing relief to the injured party, even though the said A-to-pured vehicle was damaged by approximately KRW 1,166,018 to ensure that its repair cost would be approximately KRW 1,16,018.

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