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(영문) 대구지방법원 김천지원 2018.11.15 2018고단167
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 21, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) (hereinafter referred to as the “Aggravated Punishment, etc.”) caused the Defendant to drive a E-V car in front of the road in Kimcheon-si C without obtaining a driver’s license for a motor vehicle and enter the two-lane.

Since there was a tri-distance intersection without signal, there was a duty of care to look at the right and the right before entering the road from a road to a road, and to prevent accidents by safely entering the road.

Nevertheless, the Defendant neglected this and went to the right side from the left side of the proceeding direction by the negligence of entering a two-lane as is, and instead, received the front part of the victim F(19 tax)'s GamX Orala, which was going to the right side, as the left side of the driver's car.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim during about 10 weeks of the right gate, booming and booming the upper part of the upper part of the upper part of the upper part of the bridge, which requires medical treatment, and, at the same time, did not take necessary measures, such as immediately stopping the flab so that the damaged person may be recovered, even if the Defendant damaged the 1,630,000 won of the blab by immediately stopping the blab and stopping it.

2. The Defendant violated the Road Traffic Act at the time and place specified in paragraph 1, and at the above time and place, damaged the Victim H to KRW 1,630,000 for repair cost.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the EcV car without obtaining a driver’s license as above at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report, on-site photograph, diagnosis report, quotation, and investigation report (limited to the addition of facts constituting a crime that causes damage to property);

1. Application of Acts and subordinate statutes to inquiries into the ledger of driver's licenses and the main office;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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