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(영문) 의정부지방법원 2014.06.24 2014고단858
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant is a person who drives a cruise car. On December 27, 2013, the Defendant operated the said cruise car without obtaining a driver's license, and operated the said cruise car along the two-lane road in front of the Kasi Industrial Complex located in the Mancheon-si, Macheon-si.

At the time, it was difficult for the driver of the motor vehicle to string the victim D(56 years old) drive the motor vehicle at the front of the motor vehicle, and the driver of the motor vehicle had a duty of care to reduce the speed and properly operate the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected the above duty of care and changed the vehicle from the two-lane to the one-lane due to the negligence of the Defendant’s failure, which led to the change of the vehicle from the two-lane to the one-lane, and the lower left part of the rocketing car in the front direction of the Defendant’s car was turned down.

The Defendant suffered injury to the victim D by occupational negligence during approximately four weeks of medical treatment, and at the same time, the Defendant left the rocketing car without immediately stopping the car to the extent of 3,918,786 won, such as replacement of the back door, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis and written estimate;

1. Registers of driver's licenses;

1. Application of the Act and subordinate statutes to a survey report on actual condition, each field photograph, and photographs of the skin vehicle;

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, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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