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(영문) 대구지방법원 2016.12.22 2016고단5054
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a B-Wood vehicle.

On July 26, 2016, the Defendant driven the said car without obtaining a driver's license on July 26, 2016, and proceeded two lanes in front of the “D” restaurant located in Daegu Northern-gu C, Daegu, with the live market distance outflow from the large market distance.

At this time, it is a road near the market, and there was a duty of care to operate safely by accurately operating the steering and steering gear by reducing the speed of drivers as it was at night, and by properly operating the steering and operating the steering system.

Nevertheless, the Defendant left the scene, even though he was negligent in driving strokes, etc. set up on the right side of the above vehicle as a fronter part of the above vehicle, and was sitting over the table E (Wing, 54 years old), the victim F (Wing, 49 years old), and the victim G (Wing, 47 years old).

Ultimately, the Defendant, by such occupational negligence, immediately stopped to the said E with approximately 3 weeks of dypology, etc., suffered injury, such as a cryp cryp cryp fry, etc., which requires approximately 6 weeks of treatment, to the said F, and suffered injury to the said G, such as a cryp fryp and a closed cryp, etc., which requires approximately 6 weeks of treatment. At the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the cryp, etc., which is the victim F, to cause damage to the repair cost of KRW 1,360,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a license ledger, each medical certificate, and written estimate;

1. 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, Article 152 subparag. 1 of the Road Traffic Act as to the crime in question.

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