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(영문) 대전지방법원 2014.04.11 2014고단100
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), violation of the Road Traffic Act (Measures Taken after Accidents), and violation of the Road Traffic Act (hereinafter referred to as the “Road”) by driving a CRS car without obtaining a driver’s license on March 13, 201, and stopping on the road side before and after the 68-22nd of the YYYYY, Incheon, and proceeding from the side of the Korean-U.S. pharmacy on the side of the Korean-U.S. pharmacy. The Defendant was found to have been negligent in performing the duty of care to prevent the accident by driving the vehicle while neglecting the duty of care to prevent the accident in advance, while driving the victim D(26 years old) driving the ENAS car driving in the same direction.

The Defendant, by negligence, sustained injury to the victim, such as salt ties, tensions, etc. in need of treatment for about three weeks, and at the same time, 2,096,520 won, such as the exchange of the preceding panion, was destroyed to the extent that the repair cost was 2,096,520 won, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, driving a ice car without obtaining a driver’s license at the same time and place, as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the escape after occupational injury) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) Article 148 and Article 54(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of failure to take measures after accident)

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