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(영문) 광주지방법원 2016.12.22 2016고단4200
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On July 1, 2016, the Defendant driven the said car without obtaining a driver's license on July 23, 2016, and proceeded at a speed that is unknown to the 153-lanes in front of the 106-lanes of the 106-lanes on the two-lane roads of the 153-lanes of the Gwangju Mine-gu.

However, there are three-lanes in front of the apartment entrance, which are the three-lanes in front of the apartment entrance, and the three-lanes in the direction of the passage, the victim C(the age of 41) driving is under the stop. Therefore, there was a duty of care to prevent a person engaged in driving service from safely driving along the lane and into another lane.

Nevertheless, the Defendant neglected such duty of care and caused the damage to the right side of the MF5 car driven by the Defendant due to the negligence of driving the 3-lane of the lux, and the victim's k5 vehicle stopped in this place, with the back gate, the left gate, the left even, and the luxur, etc.

Ultimately, the Defendant suffered injury to the victim E (the 43 years of age) and the victim F (the 29 years of age) who is the partner of the victim C and the damaged vehicle due to the above occupational negligence. At the same time, the Defendant destroyed the above K5 car and escaped without taking necessary measures so that the repair cost equivalent to KRW 3,153,621, such as the replacement of the glarumumbumblibs, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of F and E;

1. The actual condition survey report;

1. Each written diagnosis;

1. Written estimate;

1. Application of the statutes on the register of driver's licenses;

1. After accidents under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts.

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