특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a B-learning car.
On December 19, 2019, the Defendant driven the said car without obtaining a driver’s license on December 17:50, 2019, and led the “D” front of the “D” road located in Chungcheongnam-gun, Chungcheongnam-gun, to E-section at the front of the new funeral box box.
At the time, a crosswalk is installed at night and at the front, and in this case, there was a duty of care to prevent accidents in advance by safely checking whether a person engaged in driving a motor vehicle is a person to reduce speed and to see well the right and the right of the road.
Nevertheless, the Defendant neglected to do so and did not look well at the right and the right and the right and the right of the road, and the victim F, who walked on the crosswalk from the right side of the road to the left side of the road, received the victim F (the age 9) as the front driver of the said vehicle.
Ultimately, even if the Defendant suffered injury to the injured party, such as the head or any other body open for about three weeks of medical treatment, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the injured party, and driving the said maternal car without obtaining a driver’s license as above.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The actual condition survey report;
1. Registers of driver's licenses;
1. A medical certificate;
1. Photographs of the accident site;
1. Application of Acts and subordinate statutes for report on internal affairs (booms images);
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.