특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person who is engaged in driving of freight 2 trucking service in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the injury).
On July 10, 2017, the Defendant driven the above vehicle without the driver’s license of the vehicle, and driven the bus stop in front of the bus stop in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, at a speed of about 40km from the written side to the visa.
At the time, the driver was getting off, and there was a duty of care to make a person engaged in driving service not to overtake at the intersection in such a case.
Nevertheless, the Defendant neglected this and received the left-hand part of the victim's vehicle, which was going to the left-hand side of the victim's vehicle, due to the negligence that the victim's D (Taking, 45 years old) driving, failed to pass the vehicle to the left-hand side of the victim's vehicle.
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed and damaged the damaged vehicle so that the amount equivalent to KRW 1,509,418, such as the exchange of the same spread.
2. The Defendant, in violation of the Road Traffic Act (unlicensed driving), driven the said cargo vehicle from the Defendant’s house located in Seocheon-gun F, Chungcheongnam-gun, Chungcheongnam-do at the above time to the said accident site without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A written diagnosis and written estimate;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.