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(영문) 청주지방법원 2016.07.05 2016고단313
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 C's car.

On October 9, 2015, the Defendant driven the said car without obtaining a driver's license of the vehicle, which was not covered by mandatory insurance, and led to the driving of the said car along the two-lane road in front of the intersection in the vicinity of the Cridong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the direction of the Cri-si in the direction of the Cri-si at the intersection of the Cri-si.

In such cases, there was a duty of care to prevent accidents by safely driving along the lane with the structure, form, etc. of the road to those engaged in driving of the motor vehicle.

Nevertheless, in order to avoid the Defendant’s car, the Defendant neglected this and proceeded along the same lane due to the negligence of the Defendant driving along the station, and caused the victim D (Woo 24) (S) who proceeded along the same lane in the direction of the Defendant’s proceeding to get the center part of the road to the right side of the damaged vehicle by plucking and digging up the E-W car rapidly to the right side to avoid the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and at the same time, the damaged vehicle used approximately KRW 2.7 million for repairing expenses, and escaped without any necessary measure by immediately stopping the damaged vehicle while destroying approximately KRW 3.50,000 won of repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident report;

1. Bluckings video shields (vehicles shielded vehicles);

1. Photographs and diagnostic certificate of the damaged vehicle;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Application of written estimate to the Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Road Traffic Act concerning criminal facts.

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