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(영문) 대전지방법원 2017.01.10 2016고단2549
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence 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 of a C Poter cargo vehicle.

On July 22, 2013, the Defendant, without obtaining a driver’s license, was driving the said vehicle and driving the said vehicle along the two-lanes from the 4rd side to the front of the Bolar apartment in Daejeon Daejeon, along the two-lanes from the 4rd side to the 4rd side of the Bolar apartment, and changed the two-lanes into the first-lane. In such a case, a person engaged in driving a motor vehicle was obliged to take a duty of care of preventing accidents by accurately manipulating the steering side and the steering gear of the motor vehicle.

Nevertheless, the defendant neglected to do so and driven by the victim F (V, 51 years old) who was driving at a one-lane due to the negligence of changing the lane, received the front part of the right side of the vehicle from the left side of the defendant, and caused the above victim to suffer the injury of salt, etc. of the drilling in need of medical treatment for about 20 days, and at the same time, failed to take measures such as providing relief to the damaged person by immediately stopping the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. The ledger of driver's licenses, a survey report on actual condition, (1), (2), an accident scene photograph, etc.;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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