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(영문) 수원지방법원 2018.06.26 2018고단2574

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle B, sod XD.

On January 19, 2018, the Defendant driven the said car without obtaining a driver's license from around 23:10, and driven the said car along the two-lanes in front of the D oil station in C at the time of harmony along the two-lanes in the direction of separation from the right direction.

At the same time, the victim E(45) driving or the car was in progress at the same lane, and thus, the Defendant engaged in driving service had a duty of care to safely operate the steering and steering system by accurately manipulating the front left and right and the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected to do so and proceeds as it is, and thereby, received the back part of the left-hand part of the car of the Defendant’s driving as the upper-hand part of the car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of medical treatment for about two weeks, and at the same time, the Defendant, while destroying the aforementioned beer or car to repair costs, failed to take necessary measures, such as aiding and abetting the damaged party by stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition and an accident photograph;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.