특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
The defendant is a person who is engaged in driving of C-III cargo vehicles.
On August 27, 2015, the Defendant driven the above cargo vehicle without a driver's license on August 17, 2015, and proceeded with the national highway No. 47 in front of 7388, Giwon-gun, in writing, etc., about a speed of 40 km from 20 km to 30 km.
On the right side of the front side of the road, there was a victim D (the age of 13), so there was a duty of care to confirm and drive the person engaged in driving service with a sufficient interval of time by reducing the speed and stopping the situation.
Nevertheless, the defendant neglected this and caused the victim who was driving on the right side by the negligence of driving it, to be in excess of the floor.
Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures, such as aiding the victim, even though he/she suffered injuries, such as salt tensions, tensions, etc., in need of approximately four weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-3 (2) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] The mitigated area (6 to 10 months) of mitigation (special mitigation) (6 to 6 months) (special mitigation) of mitigation area after traffic accidents, the defendant is a pedestrian.