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(영문) 대구지방법원 김천지원 2016.12.22 2016고단1269
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. A person who has violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-licensed Operation) and the Road Traffic Act (Non-Exclusive Operation).

On July 5, 2016, the Defendant: (a) driven the said car without a driver’s license on July 5, 2016; (b) obstructed the entry of the Defendant by violating the signal at the intersection of the parking lot No. 5 parking lot in the Doldong-gun, 3 Doldong-gu, Maldong-gun, 1; and (c) prevented the Defendant from entering the said D, in order to avoid the discovery of unauthorized driving, the Defendant escaped from the said D, while making the said D turn to the export tower from the edge of the office of tax office located in the Gu and Si/Gu-si, Do-si, to the left.

At this point, traffic control is carried out due to signal apparatus, and the center line of yellow-ray is installed, so the driver of the motor vehicle has a duty of care to see the right and the right and the right while driving in advance, to observe the signal, and to turn safely according to the designated lane.

Nevertheless, in the course of escape as above, the Defendant committed a violation of the new code and the left turn to the left by breaking the center line, and received the Frane part of the injured party E(the age of 42) driving, which was proceeding with the straight-on signal from the port side of the horse to the export tower from the port side of the horse, in front of the right side of the Defendant’s vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, suffered from the injury to the base and tension of the rash, etc. in which the victim G (38 years old) who is the passenger of the said victim and the damaged vehicle need to receive approximately two weeks medical treatment, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the damaged vehicle, even though the repair cost of KRW 2,150,850 is damaged to the damaged vehicle and immediately stopping it.

2. The driver of any motor vehicle, etc. who has violated the Road Traffic Act shall commit an act, such as violation of the signal or directions, violation of the central line, etc., or commit any act;

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