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(영문) 대전지방법원 2018.11.07 2018고단3238
특정범죄가중처벌등에관한법률위반(도주차량)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 of B Poter cargo vehicles.

On August 22, 2018, the Defendant driven the above cargo vehicle without a driver's license of a motor vehicle on August 17:3, 2018, and proceeded the front road in Daejeon Dong-gu Daejeon into the self-helping elementary school from the front bank.

At this point, vehicles are parked on both sides of the road, and the vehicle is narrow and narrow, so in such a case, a person engaged in driving service has a duty of care to safely drive the vehicle by checking the right and the right and the right.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s fault, which led to a conflict between the direction of the Defendant’s proceeding and the opposite direction, with the part on the left side of the Defendant’s drive of the victim E (the age of 38) in the direction of the opposite direction.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt and tension, which requires approximately two weeks of treatment, and at the same time, did not immediately stop the vehicle, and escape without taking measures, such as aiding the damaged person, even though the Defendant damaged the vehicle, 680,700 won of repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. E-mailed statements;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. The application of Acts and subordinate statutes to a written diagnosis and an investigation report (a written estimate);

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 (a point where measures are not taken after an accident), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to an escapeing vehicle and a violation of the Road Traffic Act due to non-measures after the accident);

1. As to the crimes of violating the Road Traffic Act due to the damage of vehicles at option of punishment, the selection of imprisonment without prison labor and the remaining crimes, respectively;

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