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(영문) 대구지방법원 서부지원 2016.11.30 2016고단1784
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 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 three-dimensional motor vehicle.

On March 5, 2016, the Defendant operated the said car without a driver’s license on March 5, 2016, and proceeded three lanes in front of the “Emart” in Daegu-gu, Daegu-gu, with the four-lanes of “Emart” as the four-lanes of the three-lanes from the long-term office room to the four-distance four-distance range. In order to proceed to the long-term office room.

At the time, the center line of yellow solid lines is installed at night, and a place where a U-turn is prohibited. In such a case, the defendant, who is engaged in driving, has a duty of care to prevent accidents by driving the U-turn safely after driving the U-turn on a U.S. lane.

Nevertheless, the Defendant neglected this and proceeded as it is, and the U.S. is turned off from three lanes to one lane, in which U.S. is not permitted, and the part of the front part of the victim F (M. 49 years old) driving Gystasi in the same area as the Defendant’s driver’s seat in the driver’s seat of the car.

As a result, the Defendant suffered injury to the victim, such as “heat in the absence of two strings,” which requires three weeks of treatment by occupational negligence as above, and at the same time, the Defendant destroyed the said rocketing taxi with the sum of KRW 1,683,427, such as the exchange of the said rocketing taxi “aftermathr” and escaped without taking necessary measures, such as immediately stopping the said rocketing taxi to rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. A photograph of each photograph, a black image, cut-down;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to report on investigation;

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

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