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(영문) 제주지방법원 2013.08.14 2013고단947
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 CJ III 1 ton cargo vehicle.

On July 16, 2013, the Defendant driven the above cargo without a driver's license on July 16, 2013, and proceeded at a speed of about 30 km each hour at a speed of about 30 km from the surface of the water cooperation distance, which is the right panty in the speed of 2 east-si, Jeju.

At the same time, there was a crosswalk at the front of the road, so there was a duty of care to check whether a person engaged in driving service has a road to reduce the speed and to check well the right and the right and the right of the road, and to prevent the accident by driving the vehicle.

Nevertheless, the defendant neglected this and proceeded on the right side of the moving direction by negligence and did not regard the victim D(10 years of age) as the right side, and received the victim as the front side of the above car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as cerebral cerebrovas, which requires a detailed treatment for about three weeks, and immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of each police statement related to F and G;

1. On-site map and photograph, and report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate (D) duplicate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the same Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up organs);

1. The following circumstances, which can be seen by the record of the instant case for sentencing under Article 62(1) of the Criminal Act, are as follows. In other words, even if the Defendant shocks the victims of age, the Defendant will look at the victims properly.

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