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(영문) 광주지방법원 목포지원 2014.07.25 2014고단552
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Lone Star Co., Ltd.

On April 22, 2014, the Defendant driven the above vehicle without a driver's license on April 22, 2014, and driven the front road of the Katol University located in the Maposisan Islands along the two-lanes from the lullic lusium to the lusical lusical lusical lusium.

At all times, there is a duty of care to prevent accidents in advance by safely operating the front line inasmuch as another vehicle was in the front line with a signal signal installed. In such a case, the driver had a duty of care to prevent accidents by safely examining the front line.

Nevertheless, the Defendant neglected this and received the back portion of the passenger vehicle of the victim C (the 47-year-old driver) who was in the air traffic signal at the front of the road by negligence, and received the front portion of the said passenger vehicle.

The Defendant, by such occupational negligence, caused the victim to suffer injury, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, destroyed the above Aburged vehicle to be in excess of KRW 1,891,129, and escaped without any necessary measures, such as providing relief to the victim, while immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A written diagnosis and written estimate with C;

1. A criminal report on witnesses, etc.;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to suspect, on-site, and vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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