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(영문) 의정부지방법원 2017.11.14 2017고단1666

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 15, 2017, the Defendant was driving a 3km truck without the driver’s license from the front side of the apartment complex of the 6th 73-lane, which was located in the 34-lane from the 16:20 Gyeonggi-si, Gyeonggi-si, the agricultural and fishery products from the front side of the apartment complex of the 3km-si to the front side of the apartment complex of the 3km-si, the above 6km-si, via each market, without the driver’s license.

2. The defendant is a person who is engaged in driving a C-wing and cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 15, 2017, the Defendant driven the above cargo vehicle without the driver's license of the vehicle, and led to the left-hand turn to the front of the Chang Middle School, which was located in 118, 34, a 150-gild from the king Seo-ri-si, Gyeonggi-do, to the apartment door of the 6-ro, Chang-gu, Chang-gu.

Since there have been frequent traffic of students in middle schools, the Defendant, who is engaged in driving of motor vehicles, had a duty of care to prevent accidents in advance by safely driving the steering system and operation of steering system and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to turn to the left, received the victim D (14 tax) who crosses the road in the middle school in the front and front of the road in the direction of the island from the Defendant’s cargo vehicle to the left-hand part of the Defendant’s cargo vehicle, and caused the victim to be in excess of the road surface, thereby causing the victim to suffer injury, such as dump, dump, dump, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A report on traffic accidents and a survey report on actual condition;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the non-licensed driving, the choice of imprisonment without prison labor) concerning criminal facts.