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(영문) 수원지방법원 2017.08.10 2009고단2575

특정범죄가중처벌등에관한법률위반(도주차량) 등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a clate van in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unnecessary measures after an accident).

On April 15, 2009, the Defendant driven the above van without a driver's license of a motor vehicle on April 18:30, 2009, and led to the passage of a road of Em-ray D located in G with the wife population at the port of transmission at the speed of 60km from the south of the transmission to the south of the transmission.

At the time, the victim F(F) was stopped prior to the left-hand turn at the intersection of the GNF Engine which is driven by the driver F(F, 37 years old). Therefore, the driver engaged in the driving of the motor vehicle had a duty of care to properly operate the steering direction and brake system and to safely proceed by regulating the speed in advance.

However, the Defendant had neglected to stop driving on the front side, and subsequently discovered and operated the above car which the victim gets late, but did not stop, and did not stop, and did not follow the direction direction, etc. before the left side of the said passenger car, and followed the direction direction, etc. to the right side.

Ultimately, Defendant 1 suffered injury to the victim, such as salt, tension, etc. of the bones, which requires medical treatment for about two weeks, due to such occupational negligence, and at the same time, Defendant 2 escaped without immediately stopping the said vehicle and without taking measures such as providing relief to the victim, even though it damages the said vehicle to the extent that it would amount to approximately KRW 856,910.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said van without a driver’s license at a time and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Each report on investigation;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes governing accidents;

1. The punishment, etc. of the specific crime committed by the former Act as to the crime.