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(영문) 수원지방법원 여주지원 2018.01.31 2017고단494

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the duty of driving Cone Star Co., Ltd. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On January 22, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 00:50 on January 22, 2017, led to the passage of one-way road in front of the interesting areas in Echeon-si, Gyeonggi-si, to the non-sured hotel room from the e-mail terminal.

At the time, it was night and snow, and there was a one-way road for the opposite direction, so the defendant engaged in driving of the motor vehicle had a duty of care not to enter the road thoroughly by the front direction.

Nevertheless, the Defendant neglected this and entered a road into the reverse direction and was able to receive the front part of the E-observer car driven by D, which was under normal driving at the same direction due to negligence, as the front part of the said observer car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim F (F, 41 years old) who was on board the said car due to light salt, etc. requiring approximately two weeks of medical treatment, and at the same time, did not take necessary measures, such as immediately stopping the said car to ensure that KRW 739,121, such as the improvement of the exchange of the front driver, etc., should be damaged and the damaged person should be rescued.

2. Violation of the Road Traffic Act (Non-licenseless Driving) by the Defendant: (a) from the roads located in the Sincheon-si Sincheon-si, the Sincheon-si, the Sincheon-si, to the roads located in the same Jung-gu, Jungdong-si; (b) without obtaining a driver’s license from around 3km section from the road in the same Jung-gu, Jung-si; and (c) driving of the Car

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report and a traffic accident occurrence report;

1. The driver's license ledger;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.