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(영문) 수원지방법원 평택지원 2016.05.26 2016고단318
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 also is a person who is engaged in driving of a cargo vehicle B.

On January 26, 2016, the Defendant driven the said car without obtaining a driver's license from around 20:35 on January 26, 2016, and proceeded with the road of one-lane in front C at the front of the Gyeonggi-do at the front of the Gyeonggi-do.

At night, it is difficult to secure the view of the road at night and its location is the bend road where the center line of the yellow-ray is installed, and in such a case, the driver of the motor vehicle has a duty of care to safely operate the motor vehicle by reducing speed and accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and brakes, thereby passing beyond the central line and driving a road on the opposite opposite lane, and received the full side part of the victim D(W, 49 years old)'s E QM3 car driving on the opposite lane as the front part of the said cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, avoided the injury to the victim F (5) who was on board, who was on board, caused an injury to blood transfusion, etc. from the external wound so far as there is no room for approximately six weeks of treatment of the said D, and escaped without taking necessary measures, such as providing relief to the victims by immediately stopping the street trees owned by the safe market where the amount of the said car and the amount of the damage cannot be known, so as to require approximately 20,160,000 won of the repair cost to be incurred for approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement made by the police with regard to D or F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 148 and Article 54(1) of the Road Traffic Act, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (hereinafter referred to as imprisonment, respectively) concerning the crime

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