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(영문) 대전지방법원 서산지원 2016.04.22 2016고단100
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 2, 2016, the Defendant, without obtaining a driver's license of a motor vehicle on January 2, 2016, proceeded at a speed of about 40km per hour, depending on one lane towards apartment at the 11-lane in Seosan-si Park.

At all times, signals, etc. are installed on the front door, so in such cases, the driver had a duty of care to reduce the speed and to prevent accidents by taking well the other vehicles' attitudes in the signal, etc. and the front door.

Nevertheless, the Defendant neglected this and proceeded without reducing speed in front, and found it late to stop the Dschton car under the stop signals, which was driven by the victim C (Woo, 46 years old) prior to the same direction, and took a sudden action to avoid this, but did not avoid it, and received a part behind the damaged vehicle due to the front part of the said car.

Ultimately, the Defendant, by such occupational negligence, destroyed the victim C with an open shoulder pipe, tension, etc. requiring treatment for approximately two weeks, and suffered injury to the victim E (V, 19 years old), who was on board the said Bosch Rexroth car, for about two weeks of treatment, such as salt, tensions, etc., and escaped without taking necessary measures, such as providing relief to the victims, even if the repair cost is damaged to KRW 533,958, and the Defendant immediately stopped the said Bosch Rexroth car owned by the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to the ledger, estimate, and written diagnosis of a driver's license;

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

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