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(영문) 대구지방법원 김천지원 2016.12.07 2016고단555
특정범죄가중처벌등에관한법률위반(도주차량)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 three 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 B car.

On March 11, 2016, the Defendant driven the said car without a driver's license on March 23, 2016, and continued to drive the said car while moving the crosswalk in front of D Kim central point located in Kimcheon-si to the right-side distance from the right-side bank.

In such cases, the driver has a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the system.

Nevertheless, the defendant neglected this and found the victim E (the age of 23) who passed a bicycle on the surface of the marina distance room from the part of the mast in which he proceeded without neglecting it, and immediately stopped, but it did not reach this, the victim was given the front wheel part of the victim's bicycle driving in front of the driver's car, and got the victim over the ground floor.

Ultimately, the Defendant, through occupational negligence as seen above, sustained injury to the victim, such as drilling and saved salt, which requires approximately two weeks of medical treatment, but failed to immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;

1. A medical certificate and a receipt for medical expenses;

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

1. Photographs (fix a photograph of black stuffs, photograph of suspect vehicle, etc.);

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. Imprisonment with prison labor for each choice of punishment;

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