특정범죄가중처벌등에관한법률위반(도주치상)등
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.
Punishment of the crime
The defendant is engaged in driving a motor vehicle B.
On August 7, 2018, the defendant driving the above van without obtaining a driver's license on August 23:30, 2018, and driving it along the five-lane road in front of the North Korean Daejeon Metropolitan City, Seosung-gu, Daejeon, with a two-lane radius from the surface of the amine distance.
Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.
Nevertheless, the Defendant neglected this and went through the above four streets, and caused the negligence of running the center line by breaking the center line, and received the part of the victim C(28 years old)'s driving, which is sent at one lane above the left side of the said van, to the left side of the said van.
Ultimately, the Defendant, by occupational negligence, sustained injuries, such as salt ties and tensions, etc., of the finites that require treatment for approximately two weeks, and at the same time, escaped without immediately stopping the said car and without taking necessary measures, such as providing relief to the victim, even though it was damaged to ensure that the said car repair cost is equivalent to KRW 2,029,388.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to the actual condition survey report on traffic accidents, photographs at the scene of accidents, vehicle inquiry report, driver's license register, medical certificate, and estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;
1. Abnormal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order and order to attend lectures under the Criminal Act;