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(영문) 제주지방법원 2019.10.16 2019고단1111

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 freight B.

On August 30, 2018, the Defendant: (a) driven the said cargo without a driver’s license on August 14:34, 2018; (b) driven the said cargo onto the west by driving it from the west, and driven it from the west to the west; (c) by negligence, whether another vehicle is driving before entering the intersection; and (d) by negligence, the head of the Defendant got into the north from the south of the Madow road by driving the said cargo to the north; and (d) by negligence, the part on the left side of the said cargo vehicle by the victim C (n.e., the 49-year-old driver) driving the said cargo to the north.

At the same time, the Defendant, by negligence in the course of performing such duties, suffered from a chest salt, tension, etc. that requires four weeks’ medical treatment, and at the same time, did not immediately stop the said car and escape without taking measures, such as providing relief to the victim, even though the said car was damaged by the repair cost of KRW 3,004,274.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

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

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes under Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes under the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed a second offense during the period of the suspension of execution of the same crime, and the degree of injury to the victim was serious, on the other hand, the defendant confirmed the victim's awareness immediately after the accident, and thereafter, through his de facto marriage wife and his parents.