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(영문) 전주지방법원 정읍지원 2017.04.18 2017고단48
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (after an accident) and is engaged in driving of XG cars.

On December 19, 2016, the Defendant driven the said car without obtaining a driver’s license from 18:13 on December 19, 2016, and led to the intersection of the tri-distance 361, a mountain-ro, 361, in order to pass to the east of the west-Eup at the right east-do.

Since the place is where a three-distance intersection is installed, the driver of the vehicle is not obliged to drive the vehicle without a license, and even if a driver without a license for domestic affairs, there was a duty of care to safely drive the vehicle by making a good mind as to whether another vehicle enters the intersection in the process of bypassing a three-distance intersection.

Nevertheless, the Defendant neglected to drive without a license and neglected the driving without a license and took part of the back part of the victim D(45 tax)'s upper right side of the car in front of the car of the Defendant, which was driven by the victim D(45 tax) in front of the front of the car in front of the front of the car of the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party, such as fluoral salt in need of treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the injured party by immediately stopping the damaged vehicle, even though the damaged vehicle is damaged to the extent of KRW 654,958, such as the reverse exchange, etc.

2. On December 19, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) and driven a C-G car without obtaining a driver’s license from approximately 20 K km section to the front road of the G farm again from the G farm located in the Northern-gun, North Korea, to the 361 lower-speed distance intersection located in Jung-gu, Jung-gu, Seoul to the front road of the G farm.

3. The defendant who violated the Guarantee of Automobile Compensation Act shall be liable at the time and place specified in paragraph (2).

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