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(영문) 광주지방법원 2015.01.29 2014고단4351
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran XG car.

On October 23, 2014, the Defendant driven the said car without obtaining a driver's license at around 23:30 on October 23, 2014, and led the driving of the said car at a speed of about 40 km per hour from the boundary of the intersection intersection to the intersection of the intersection of the Hannam-do.

At the time, since it was at night, there was a duty of care to prevent accidents by accurately operating and safely driving the steering and steering gear by reducing speed and driving the steering and operating the steering system in a way that well sees the right and the right and the right of the vehicle.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 30) who is on the right side of the proceeding direction due to negligence while driving the vehicle, and was driving by the defendant, with the top top top of the above vehicle driving, and then the head part of the victim's head was shocked by the second top of the front and the second top of the vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as frighting land in a freeboard, which requires treatment for about three weeks, but immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by police to E (victims);

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and choice of imprisonment with prison labor;

1. From among concurrent crimes, the defendant in the basic area (8 to 16 months) of the first type of escape (the range of recommending punishment) after traffic accidents, the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (the scope of recommending punishment).

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