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(영문) 수원지방법원 2020.02.13 2019고단7173

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving a radar car;

On October 13, 2019, the Defendant driven the said car without a driver's license on October 21, 2019, and driven the two-lane road near the outer distance in 2403, as the wife population, according to Gwangju City, along the one-lane road near the outer distance in 2403.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant was negligent in driving without a driver's license while driving a motor vehicle without a driver's license and failed to properly operate the operation and steering gear, etc. of the motor vehicle, and received the back part of the victim C(43 years old) driving, which was parked for signal waiting at the front direction, as the front part of the motor vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury, such as salt, tensions, etc., in need of approximately two weeks of medical treatment on the part of the above victim and the victim E (the 13-year old age), who was on board the said taxi, and at the same time, escaped without taking necessary measures, such as immediately stopping the said taxi to ensure that the repair cost, such as the exchange of airbers, would amount to KRW 1,945,458.

2. On the date stated in paragraph 1, the Defendant was driving a rash car without a driver’s license from the front day of the lush area in Gwangju (hereinafter referred to as the “Unlicensed Driving”) to the place where the accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis;

1. Written estimate;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to the actual survey report;

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.