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(영문) 제주지방법원 2016.10.28 2016고단1865
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 5, 2015, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and two years to a suspended sentence on May 27, 2016 by the Jeju District Court.

【Criminal Facts】

The defendant is a person who is engaged in the operation of Cunst Motor Vehicles.

On November 22, 2015, the Defendant driven the said car without obtaining a driver’s license from the “Elaundry” front of the “Elaundry” located in D at the Seocho-si on November 22, 2015, and turned to the left at an indefinite Elementary and Secondary School at an irregular speed with the Elaundrying area from the front of the “Elaundry”.

There are no signals, and traffic control is not carried out, so there was a duty of care to safely operate the vehicle in such a way that it does not interfere with other vehicles that are in progress by checking well the direction and direction of the vehicle.

Nevertheless, the Defendant neglected to turn to the left as it was, by negligence, received the part on the left side of the freight vehicle, which was driven by the victim FF(54 years old), who was going to go directly from the front side of the said vehicle, to the front side of the said vehicle, from the front side of the middle school.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence for about three weeks, and at the same time, destroyed the cargo vehicles owned by the victim to bring about KRW 1,737,00 for repair expenses, and escaped without taking necessary measures, such as aiding the victim by stopping the vehicle immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Written estimate;

1. A medical certificate;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant provisions concerning criminal facts: Specific crimes.

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