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(영문) 서울남부지방법원 2017.05.18 2017고단695

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 a Bran vehicle.

On January 23, 2017, the Defendant driven the said car without a driver's license on January 13:35, 2017, and proceeded along four-lanes on the side of the south-gu Seoul Metropolitan Government Southern-ro 1295, the south-gu Seoul Metropolitan Government Southern-ro, along the side of the string distance from the IIC bank at the city.

On the front of the same lane, the victim C&3 driver's DSS3 driver's vehicle was repeated due to the vehicle's string, so in such a case, the Defendant engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely examining the situation of the front and right-hand traffic.

Nevertheless, the defendant neglected this and changed the course from the fourth lane to the third lane and stopped on the fourth lane, and the latter part of the above SM3 vehicle, which was stopped on the fourth lane, conflict with the right side part of the defendant's driver vehicle.

The Defendant, by such occupational negligence, immediately stopped and escaped without taking measures such as aiding and abetting the injured party C, even though the injured party E (the 75 years old) suffered injuries, such as salt and tensions, which require a two-day medical treatment, on the part of the injured party E (the 75 years old). At the same time, the injured party immediately stopped the damaged vehicle to ensure that the 456,947 won was damaged, and even if the damaged vehicle was damaged, it did not take measures such as aiding and abetting the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement on the occurrence of each traffic accident;

1. Application of the Acts and subordinate statutes to photographs, driver's license register, diagnostic documents, and written estimates by cutting off a yellow survey report, on-site and vehicle photographs, images to take a image;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident), and Article 152 of the Road Traffic Act.