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(영문) 광주지방법원 순천지원 2021.01.29 2020고단2099
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Criminal facts

On July 22, 2020, the Defendant is a person who is engaged in driving of Bchip car. On July 22, 2020, the Defendant driven the said car without obtaining a driver's license on July 22, 2020, while driving the said car along the two-lane distance from E to F Hospital.

At the time, there was a duty of care to reduce speed to those engaged in driving service and accurately manipulate the steering direction and brake system in order to prevent accidents in advance.

However, the Defendant neglected to perform the above duty of care and did not reduce the speed on the front side while driving another vehicle on the front side, and led to the Defendant’s failure to drive by negligence, which led to the front part of the right part of the franchise driveed by the Defendant, and the victim G ( South, the age of 43) driven by the two lanes above, which led to the Defendant’s two-lanes of HK 5 taxi driving by the Defendant.

Defendant 1 suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks’ medical treatment due to such occupational negligence, and at the same time, Defendant 2 escaped without immediately stopping the 5-si to the extent that the 2,638,986 won of the repair cost is damaged and the 2,638,986 won of the 5-si owned by the victim was destroyed.

Summary of Evidence

1. A medical certificate with the driver's license register in the police statement protocol concerning the defendant's legal statement G;

1. Written estimate;

1. Reporting of a traffic accident (specific vehicle) on internal investigation (1) (2) (2));

1. Application of the Acts and subordinate statutes to an accident scene photograph, a black fluor photograph, and an investigation report (to watch blue video cambling);

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 (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident), Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall be chosen.

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