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(영문) 광주지방법원 해남지원 2018.09.20 2018고단275
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or equivalent) is a person engaging in driving of a cargo of C1 ton.

On July 27, 2018, the Defendant driven the above cargo vehicle around 18:40, and became to turn to the left at the rith of the rith of the Songdo-gun, at the super-west-do Do-ri-ri-ri-ri speed intersection.

At that time, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service is crossing a vehicle or a road after reducing the speed or temporarily stopping the vehicle or road after temporarily stopping.

However, the Defendant neglected this and went through without a driver’s license. The Defendant left the road on the right side from the left side of the truck driving direction of the Defendant’s cargo vehicle to the front side of the driver’s seat of the Defendant’s cargo vehicle, and the victim E (the age of 82) suffered from an injury, such as an unexplosion of an unexplosion of the number of days of treatment to the victim, such as an unexplosion of an unexplosion, mast, and pelke, but failed to immediately stop and rescue the victimized person.

2. Violation of the Road Traffic Act (non-licenseed driving) driving of the said cargo at a distance of about 7 km from the front of the Defendant’s accommodation located in Jindo-gun F, Jindo-gun, without a driver’s license of the same day to drive the said cargo again within a distance of about 7 km to the front of the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. An accident scene photograph;

1. Investigation reports (on-site situations, etc.);

1. Statement of opinion;

1. Application of the detailed legislation on driver's license;

1. Article 5-2(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-2(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), and Article 152 of the Road Traffic Act.

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