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(영문) 수원지방법원 2019.07.04 2019고단404

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 8, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) (hereinafter “B”) and driven C Poter Cargo Vehicles without obtaining a driver’s license at approximately 1.5 km section from the building in Suwon-si, Suwon-si, via the final appeal collection distance from the building in the same luxbbly dong, to the front of the “B” road.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.

The defendant driving the above cargo without obtaining a temporary driver's license as stated in paragraph (1) and driving the above cargo, and driving the four-lane road near the long distance of the collection of the appeal as stated in paragraph (1), along the two-lanes in the shooting distance of the collection of the appeal, along the two-lanes.

At the same time, the victim D(48 years old) driving car is in progress, so there was a duty of care to check whether a vehicle is a vehicle on the lane to change to a person engaged in driving of the vehicle, and to prevent the accident in advance by changing the lane safely so as not to interfere with the passage of the vehicle.

Nevertheless, the Defendant neglected this and changed the lane as it was due to the negligence, and received the front part of the above passenger vehicle as the driver's seat of the above cargo vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the victim F (the 24 years old), a victim F (the son) who is in need of approximately two weeks of medical treatment, respectively, for approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement of D police statement;

1. A written statement of F and D;

1. Registers of driver's licenses;

1. Video CDs;

1. According to the evidence duly adopted and examined by this Court, the victims suffered injuries due to the instant accident shall be sufficiently recognized.