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(영문) 대구지방법원 김천지원 2020.01.30 2019고단1374
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

The defendant is a person engaged in driving a B-to-pur vehicle.

1. On September 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (U.S.) (U.S.) and the Defendant driving the said A-to-purd motor vehicle without obtaining a driver’s license on the front road of the Gu-U.S. Si (U.S.) and tried to drive the said A-to-purd motor vehicle according to one lane from

In such cases, a driver of a motor vehicle has a duty of care to live well on the front side, properly operate steering and brakes, and safely drive the motor vehicle so that he/she has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant was negligent in neglecting this and proceeding along as it is, and the Defendant was driven by the victim D (35 years old) driving on the right side of the E-top vehicle in the front direction of the vehicle, which was stopped by the vehicle stop signal.

As a result, the Defendant suffered injury to the said victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence, and at the same time, the said scam car was destroyed by the repair cost of KRW 1,409,328, and did not take necessary measures, such as immediately aiding the victim, and went away without leaving the said scamburged car at the site.

2. Violation of the Road Traffic Act (unlicensed Driving) was operated by the Defendant without obtaining a driver’s license in a section of about 7 km from the studio Fstm parking lot at the time and time set forth in the preceding paragraph to C at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident, photographs, actual condition survey report and photographs;

1. A chassis, written estimate, and written diagnosis;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

1. Relevant provisions concerning facts constituting an offense;

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