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(영문) 청주지방법원 2017.01.05 2016고단2013

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 2, 2016, the Defendant, who is engaged in driving of CM5 automobiles, proceeded with a one-lane road in Seo-gu, Seo-gu, Seo-gu, Seo-gu without obtaining a driver's license on August 2, 2016 as a driver of CM5 automobiles from the sM5 car on the right side of the road.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

However, the Defendant neglected this and driven the center line to the opposite lane due to negligence, and led the victim E (e.g., the 21 year old) who was driving on the road from the side of the mouth to the string of the river, with the front part of the FM5 passenger car driving by the Defendant, was driven by the front part of the above SM5 passenger car driving by the Defendant.

As a result, Defendant 1 suffered injury to the victim, such as light dump dump dump and tensions, which need to be treated for about three weeks due to the above occupational negligence, and at the same time, Defendant 2 escaped without taking necessary measures, such as aiding and abetting the 8,819,942 Won, such as repairing the dump dump dump dump dump dump dump exchange.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Statement protocol by the police for E;

1. The register of actual survey reports, on-site photographs, accident video CDs, and driver's licenses of motor vehicles;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;