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(영문) 광주지방법원 2014.04.04 2013고단5400
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving of CTXG cars.

On April 25, 2012, at around 14:45, the Defendant driven the said two-lanes from the three-lanes in front of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, to drive the said three-lanes without a driver’s license, and led to the removal of the New Abuse School on the surface of the Korean Hospital

A person engaged in driving service has a duty of care to prevent accidents in advance by properly operating the steering system, brake system and other devices of the vehicle, and by operating it at an accurate speed and method.

Nevertheless, the Defendant neglected to do so and followed the part of the back part of the EKaren vehicle driven by the victim D (the age of 42) who is in the atmosphere of the signal at the front of the Defendant’s driving vehicle, and due to the shock, the Defendant got the back part of the Gmer truck driven driven by the victim F in the future by pushing the Karen vehicle in the future.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim D, such as light fluoral salt, etc. requiring treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as immediately stopping the said fluor truck with their repair cost of KRW 3,350,721, while destroying the said fluorial truck to move in KRW 412,50.50.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) was driving the said vehicle at the same time and at the same place as paragraph (1) without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes to general repair cost estimates and estimates;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 152 of the Road Traffic Act concerning criminal facts.

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