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(영문) 대구지방법원 2017.05.11 2017고단748
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a vehicle with C New Zealand X-D motor vehicle.

1. On January 3, 2017, from around 18:00 to around 10:00 of the following day, the Defendant driven a vehicle with vehicle driver’s license on a section of about 200 km from the Jeju-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) Jeju Special Metropolitan City (Seoul Special Metropolitan City), to the economic road near the North Korean Agency located in Ulsan Special Metropolitan City, Ulsan Special Metropolitan City (Seoul Special Metropolitan City).

2. On January 4, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the following measures): (a) driving the said vehicle without obtaining a driver’s license on January 4, 2017; and (b) driving the said vehicle on a four-lane distance in front of the Economic Promotion Agency located in the north-gu, Ulsan Metropolitan City; and (c) driving the said vehicle on a one-lane distance from the upper far away distance.

Since the above place is near an intersection where signal lights are installed, in such a case, the driver of the vehicle has a duty of care to prevent accidents by operating the steering gear, brakes, and other devices in a safe way by accurately operating the steering gear, brakes, and others.

Nevertheless, the Defendant neglected to perform his duty at the front of the Defendant, while proceeding in front of the Defendant due to negligence, and was driven by the victim D (the age of 41) driving in the atmosphere of the signal, and received the back part of the EXE car as the front part of the said AJ car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury due to a rush, etc. in two open areas requiring approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to the extent that the amount equivalent to KRW 759,526 of the repairing cost market is damaged, and the Defendant escaped without taking necessary measures, such as stopping and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A survey report on actual conditions;

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