특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor 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.
Punishment of the crime
The Defendant is a person engaged in driving a vehicle for SM5 getting on board.
On September 27, 2017, the Defendant driven the said car without obtaining a driver’s license from around 09:00, and led the front road of the “D” located in the Nam-gu Incheon Metropolitan City, Nam-gu C to the direction of Incheon viewing from the tin-distance outflow.
At the same time, since the FF-learning car driven by the victim E (the age of 53) was a waiting signal signal, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the front-time city, maintain the safety distance, and prevent accidents by properly manipulating the steering and brakes.
Nevertheless, the Defendant neglected to do so and did not discover the above a set-off car without obtaining a driver’s license, and subsequently set it late at the latest, and received the right-hand part of the above SM5 car at the top of the left-hand part of the above SM5 car.
Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without damaging the said victim’s vehicle to move in KRW 197,578 as repair cost, and without taking necessary measures.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A investigation report, on-site map, photograph of damaged vehicles, a yellow survey report, and a black video CD;
1. A written diagnosis and written estimate;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 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 each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.