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(영문) 춘천지방법원 2019.05.30 2019고단326

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On November 16, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Chuncheon District Court, and the judgment became final and conclusive on the 24th of the same month.

【Criminal Facts】 The Defendant is a person who is engaged in driving the freight B, C, and C.

On June 2, 2017, the Defendant was driving the above cargo vehicle, which was not covered by mandatory insurance without obtaining a driver's license, in the vicinity of the arm's length square in 154 as of 08:23, Chuncheon-si, Macheon-si, Macheon-si, and continued to proceed to the Gu Chum on the surface of the filial length.

At the same time, there is a cross-road and the victim D(n, 55 years old) driving EM520 car stops. In such a case, a person engaged in driving service has a duty of care to prevent accidents by reducing speed and securing a safe distance by properly examining the movement of the preceding vehicle.

Nevertheless, the Defendant neglected to do so and led the part of the back part of the above SM520 vehicle as the front part of the above cargo vehicle. While the above SM520 vehicle is being pushed in the future, the victim F (35 years old) driving while stopping in the above manner, the back part of the above SM520 vehicle was able to be the front part of the above SM520 vehicle.

Ultimately, the Defendant, by the above occupational negligence, suffered from the victim D and the victim F with respect to the light clocks requiring two weeks’ treatment, and at the same time, did not immediately stop the said SM520 car and stop it, and did not take necessary measures, such as providing relief to the victims, even though it destroyed the said SM520 car to move, and attempted.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D or F;

1. The actual condition survey report, on-site photographs, visual images CDs, each screen, each mandatory insurance inquiry, each diagnosis letter, written estimate, etc.

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