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(영문) 광주지방법원 순천지원 2015.01.29 2014고단1787
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a third party car.

On September 22, 2014, the Defendant operated the said vehicle without obtaining a driver's license on or around September 25, 2014, and proceeded at a speed of about 40km in speed depending on two lanes from the center of the central elementary school to the inseminatordong community service center.

At night and at the time, the E-Wz car driven by the victim D(the age of 47) was waiting for a signal, so the defendant engaged in driving service has a duty of care to observe the signal and to prevent the accident by accurately manipulating the steering and steering gear and accurately manipulating the steering and steering gear.

Nevertheless, the Defendant, while neglecting this, went into one lane and immediately left as it is, received the part of the victim's supplementary seat of the passenger car due to the occupational negligence.

At the same time, the Defendant, by negligence in the course of performing the above duties, sustained injury to the climatic salt, etc. requiring treatment of the victim for about two weeks, and at the same time, escaped without immediately stopping the victim’s car to cover approximately KRW 17,892,160 for repair costs, and without taking any measures, such as aiding the victim.

Summary of Evidence

The application of the law to the defendant's legal statement, the police statement of D, the actual survey report, the accident photograph, the diagnosis report, the quotation, and the vehicle driver's license ledger.

1. Relevant legal driving without a license for a crime: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act to escape after occupational injury due to traffic accidents: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act to not take measures after traffic accidents: Articles 148 and 54 (1) of the Road Traffic Act;

2.Articles 40 and 50 of the Criminal Code of Trade and Trade.

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