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(영문) 광주지방법원 순천지원 2014.09.24 2014고단491
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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

The defendant is a person who is engaged in driving of Category C 1 ton cargo vehicles.

On December 24, 2013, the Defendant driven the above cargo vehicle at a speed of about 40 km in speed from the southwest-dong market to the Sung-dong west-dong, without obtaining a driver's license. On December 24, 2013, the Defendant driven the above cargo vehicle at a speed of about 40 km in speed.

At the same time, it is a private-distance intersection where signal lights are installed, and since the E-to-pur motor vehicle driven by the victim D (n, 45 years old) was in the front line, the driver had a duty of care to prevent accidents in advance by securing a safety distance to reduce speed and stop in advance.

Nevertheless, the Defendant neglected this and continued to stop the damaged vehicle in front of the Defendant’s driving vehicle without stopping the part of the damaged vehicle, and received the damaged vehicle again due to the shock, and led the damaged vehicle to go into a terminal room from the 2000s basin, and led the victim F (the age 67), who is waiting for the signal signal to go into a terminal room.

Ultimately, the Defendant suffered injury to the victim D by occupational negligence, which requires approximately two weeks of medical treatment, and at the same time destroyed G vehicle repair costs to the extent of KRW 417,963, and escaped without taking necessary measures, such as destroying E vehicle to scrap and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act for the crime, and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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