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(영문) 대구지방법원 김천지원 2016.10.27 2016고단766
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle in B.

On May 11, 2016, the Defendant operated the said car without a driver’s license, and continued the front of the D cafeteria, which is located in Kimcheon-si C, to the seat of Kimcheon-si Library, from the open front of the D cafeteria.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant failed to discover the victim E (the age of 26) who was moving the way from the right side to the left side when the Defendant was negligent by neglecting this, and received the part of the victim’s left buckbucks on the left side of the car from the Defendant’s driving.

The Defendant, through the occupational negligence above, suffered injury to the left-hand side in need of approximately two weeks of medical treatment, and did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. The actual survey report and on-site photographs;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article applicable to criminal facts;

A. Desertion after occupational injury: Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) and Article 268 of the Criminal Act

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes), among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Order to provide community service or attend lectures;

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