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(영문) 전주지방법원 군산지원 2015.05.22 2015고단43
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereafter referred to as "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (hereafter referred to as "Aggravated Punishment, etc.")

On December 10, 2014, the Defendant driven the said car without a driver's license on December 10, 2014, and proceeded at a speed of about 20 km in speed, depending on two lanes from the surface of the Dong-ri funeral hall to the surface of the terminal.

On the front of the defendant's running direction, the Fwing-on cargo of the victim E(37 years old) driving is proceeding, so in such a case, the driver of the vehicle has a duty of care to maintain the distance with the vehicle in front and properly manipulate the brakes to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding and received the rear part of the said cargo vehicle as the front part of the said vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim G (the 44 years old) and H (the 31 years old), respectively, to the victim G (the 3,347,698 age group) who was on board the said cargo with the victim E by the said occupational negligence, and, at the same time, did not immediately stop the said cargo to ensure that the said cargo would amount to KRW 3,347,698, and runs away without taking necessary measures, such as providing relief to the victim.

2. Around 07:00 on December 10, 2014, the Defendant driven a B car without a vehicle driver’s license from approximately 1.5 km section from around 1.5 km to the place indicated in paragraphs (1) and (5) of the 29-1, Seo-ro, Seo-ro, Donsan-si, Chungcheongnam-si, North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on traffic accidents, reports on actual condition, and photographs of accident sites and vehicles involved in accidents;

1. The ledger of driver's licenses;

1. Written estimate and each written diagnosis shall be governed by the statutes;

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