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(영문) 대전지방법원 2020.04.17 2020고단68
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving the B-learning automobiles.

On November 16, 2019, the Defendant was running the D intersection, which was located in Daejeon Dong-gu, without obtaining a driver's license on November 16, 2019, from the o-dong to the wing-do.

At the time, the signal was installed at night, and there was a duty of care to reduce the speed, properly look at the right and the right and the right of the driver of the motor vehicle, and safely drive the motor vehicle in compliance with the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant, by negligence in violation of the vehicle stop signal, proceeded directly along the intersection as it is, received the part above the left-hand gate and the pent part of the FM Bank's e.g. driver's e., the victim E(33 years old) driving, who was going straight in line with the vehicle running signals from the wing-dong side to the pent-dong side.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as the definite base for treatment for about three weeks, and at the same time, escaped without immediately stopping the said rashing vehicle and taking necessary measures, such as providing relief to the victim, even though the rash was damaged by the repair cost of KRW 13,986,500.

2. On November 16, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B-learning car from the front of the “H” in the Chungcheong-gun G, Chungcheongnam-gun without obtaining a driver’s license on November 16, 2019 to the D intersection in the front of Daejeon-gu, Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2) (actual survey report);

1. A medical certificate;

1. Written estimate;

1. The register of car driving licenses and the register of car driving licenses (A);

1. On-site photographs;

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