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(영문) 춘천지방법원 원주지원 2017.08.09 2017고단514

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three 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 DSS5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On April 8, 2017, the Defendant driven the said car at around 05:00, and driven the said car at around 05:00, the Defendant continued to drive the road in front of the “Arstro Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Er. Eg.

At the time, the Defendant was following the victim C(55) driving car in the same lane (55) driving, and thus, in such a case, the person engaged in driving service had a duty of care to properly manipulate the brake system in line with the driving situation of the vehicle that was driven prior to the front, and prevent the accident in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 졸음 운전한 과실로 위 카 이런 승용차의 뒷 범퍼 부분을 피고 인의 승용차 앞 범퍼 부분으로 들이받아 위 카 이런 승용차가 그 충격으로 튕겨 나가 앞 범퍼 부분으로 중앙 분리대를 들이받게 하였다.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and at the same time, destroyed and damaged the said car to cause danger to road traffic, thereby escaping without taking measures to rescue the victim, prevent danger on the road, and ensure smooth traffic flow.

2. On April 8, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle on the front side of the “G” road operated by the Defendant located in F at Won-si from around 2.7 km to the site of the accident described in the above paragraph (1) without obtaining a driver’s license from around 05:00 to around 2.7 km.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of the police against C.