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(영문) 대구지방법원 경주지원 2015.09.24 2015고단530
특정범죄가중처벌등에관한법률위반(도주차량)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 (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving motor vehicles C.

On May 31, 2015, the Defendant driven the said car without obtaining a driver's license on May 16, 2015, and driven the said car at a speed of about 50 km from the 7th national highways to the old Road.

Since there is a hub with the right side, there was a duty of care to safely operate the driver by reducing the speed and accurately manipulating the brakes according to his own bus line.

Nevertheless, the Defendant neglected this and received the front part of the G dump truck driving by the victim F (year 56) who was driving from the 7th national highways from the opposite erop truck to the 7th national highways from the erop truck due to the negligence of breaking the central line.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, destroyed the truck to take 607,200 won, such as the exchange of the front panion, and escaped without immediately stopping the truck and taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license in the section of about about 2 km from the date and time set forth in paragraph (1) of this Article to the front day of the Defendant’s house located in H from the entrance school near the open-dong Eup in the front day of the Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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