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(영문) 광주지방법원 목포지원 2013.04.02 2013고단226
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a small-scale car B.

On December 29, 2012, at around 06:20 on December 29, 2012, the Defendant, without a driver's license of a motor vehicle, proceeded bypassing the four-distance road preceding the artificial width range from the Maritime Affairs and Fisheries Office to the Young-gun.

Since there is a four-distance intersection, a person who intends to combine the roads from the direction of the Do office building to the Young-gun along the Defendant was obliged to safely make a right-hand by checking whether there is a straight-line vehicle driving the said roads prior to the right-handing.

Nevertheless, the Defendant neglected to do so and led to the negligence of bypassing it, which led to a shocking part of the fences front of the driver's seat that the Defendant driven by the Defendant, from the distance of the Do Office, to the Young-gun, the lower part of the Drenc car driving by C.

At the same time, the Defendant, who was on board a vehicle driven by C due to the above occupational negligence, suffered a shoulder and the string of the arms in need of approximately two weeks of medical treatment, and went away from the site without taking necessary measures despite destroying the victim C’s car repair cost to cover KRW 1,463,601.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A written diagnosis of E;

1. Written estimate;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs of shocking parts of the accident site and the accident vehicle, and of CCTV images extracted;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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