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(영문) 의정부지방법원 2019.11.27 2019고단3278

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has driven a Dayde cargo vehicle as a duty.

On April 16, 2019, the Defendant, at around 21:40 on April 16, 201, was in the status where the driving license was suspended, and was driving the said cargo on the front side of the “Dcafeteria” in the East-si, East-do, to proceed to both states.

In the condition that the driver's license is suspended, the driver's license shall not drive a motor vehicle, and the driver's license of the motor vehicle has a duty of care to prevent traffic accidents by driving the motor vehicle on the front side and safely proceeding along the lane.

Nevertheless, the Defendant neglected to do so by negligence, caused the Defendant to go away without taking necessary measures, such as aiding and abetting the Victim E (the 38-year-old) the left side of the said cargo vehicle, which was driven by the injured Party E (the 38-year-old) while breaking the central line in front of the left side of the said cargo vehicle, with the front side of the said cargo vehicle being driven by the injured Party E (the gate part of the said cargo vehicle). At the same time, the Defendant destroyed the said vehicle to damage the repair cost of KRW 11,171,501 on the left side of the said cargo vehicle, without taking necessary measures, such as aiding and abetting the victim.

As a result, the Defendant driven a motor vehicle while the validity of a motor vehicle driver's license is suspended, sustained injury to the victim by causing a traffic accident due to occupational negligence, and escaped without taking necessary measures even after destroying property.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report on traffic accidents;

1. Photographs of vehicles;

1. A medical certificate;

1. Application of the written estimate statutes;

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