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(영문) 대구지방법원 김천지원 2018.03.22 2017고단1809
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 4, 2017, the Defendant, at around 17:50, driven an automobile without obtaining a driver’s license in the section of approximately 21 km from the front of the Sinsi-si Kimcheon-si Kimcheon-si, 38-54, Gicheon-si, Kimcheon-si, 38-54, to the front of the 39-7 upper Do-si, Sinsi-si, Kim Jongcheon-si, Kim Jong-do, 39-7, a car.

2. On November 4, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do Governor's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Violation of Road Traffic Act (after an accident) (hereinafter referred to as the “Aggravated Punishment, etc.”), driving a Crane TG car on November 17, 2017, leading to the 4 main-use apartment protection area of mixd rice, which is located in the Gu and Sin Sinsi-si, by driving the Crane Trane TG car.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, as stipulated in paragraph 1, the Defendant violated the suspension signal of the front side without a driver’s license and escaped without immediately stopping the damaged vehicle by making it difficult for the Defendant to take necessary measures, even though it damages the damaged vehicle’s repair cost of KRW 3,253,656, and damages the damaged vehicle to the front part of the right side of the E-to-faced vehicle driven by the victim D (28 tax) which turned to the left in accordance with the new code, from the front part of the front part of the vehicle driven by the Gu-U.S. 4 main apartment screen at the front side of the front side of the Gu-U.S.-U. 28).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs, on-site surveys and photographs of accidents, report on internal investigation (for a suspect, with respect to a specific suspect), investigation report (for example, booms of damaged vehicles and CCTV images of cross-sections);

1. Application of Acts and subordinate statutes of subparagraph (D) and written estimate (E);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (abundance) concerning criminal facts.

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