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(영문) 대구지방법원 서부지원 2014.01.17 2013고단1565
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 who is engaged in driving a Bchip car.

On November 27, 2013, the Defendant driven the said car without obtaining a driver's license at around 06:18 on November 27, 2013, and led to a four-lane road in front of the STX located in the Sinsan-dong, Seogu, Daegu, to proceed at a speed of about 40km from the new Ne-distance to the port of low-speed.

In the same direction as at the time, the victim C(53 years of age) was followed by the franchis vehicle driven by the victim C(53 years of age), and therefore, the driver had a duty of care to prevent the accident by safely driving, such as making a full-time room well and accurately manipulating the steering and brakes, etc.

Nevertheless, the defendant neglected to stop for traffic signals due to negligence while driving the vehicle and received the part of the vehicle behind the above cargo while driving the vehicle as the front part of the vehicle of the defendant.

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 above cargo vehicle so that the repair cost of which is equivalent to KRW 84,00,00, and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on actual condition and photographs of the accident scene;

1. The ledger of driver's licenses;

1. A copy of a medical certificate and a receipt for medical expenses;

1. Application of Acts and subordinate statutes to investigation reports (including submission of sales slips);

1. Article 152 subparagraph 1 of the relevant Act on the Punishment, etc. of Specific Crimes and Article 152 and Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are taken after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of an instrumental vehicle)

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