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(영문) 광주지방법원 2017.05.11 2016고단5806
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 wing and cargo vehicle B.

On September 17, 2016, the Defendant driven the above cargo without obtaining a driver's license of a motor vehicle on September 12:30, 2016, and came to turn to the left at an indefinite distance of the same window located in the 188 Sinsan-si of the Sinsan War.

However, since there are frequent intersections of vehicle driving, in such a case, there was a duty of care to confirm whether there is another vehicle driving along the intersection and to drive safely.

Nevertheless, the Defendant did not neglect such duty of care and went to the left without entering the intersection, and did not avoid a victim C(53 Do) driver's Doc-5 car going to the right by going to the right by going to the right from the surface of the terminal at the entrance of the terminal, and the Defendant did not go to the left part of the front part of the SM5 car with the left part of the wing and the load of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, suffered from the victim E (V, 52 years old), and the victim F (V, 78 years old), respectively, the victim E (V), who is the passengers of the victim C and the victim vehicle, for approximately two weeks of medical treatment. At the same time, the Defendant destroyed the MF5 car and escaped without taking necessary measures, such as aiding the victims by stopping the vehicle immediately, even if it damages the repair cost equivalent to a total amount of KRW 2,055,660, such as replacing the front driver.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each letter of self-sufficiency of E and F;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident), and the Road Traffic Act.

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