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(영문) 수원지방법원 2018.04.03 2017고단8422
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment 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.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a car in the B SP area.

On December 9, 2017, the Defendant driven the said car without obtaining a driver's license from around 13:30 on December 13, 2017, while driving the said car, and driving the four-lane road in front of the D in the sphere C at the time of Suwon, along the three-lane direction in the direction of the terminal shooting distance from the right shooting distance.

At the same time, the victim E(59) was stopping a F rocketing car in the signal atmosphere, and thus, the Defendant engaged in driving service had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear in a way that well sees the front side and the right side and the right side.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the back part of the said rocketing car as part of the front part of the Defendant’s driving.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim G (26 ) who was on board the victim E and the said rocketing car due to approximately three weeks of medical treatment, including salt ties and tensions, etc., and, at the same time, did not immediately stop the said rocketing car to ensure that KRW 3,874,057 should take necessary measures, such as providing relief to the victims, even though the Defendant destroyed the said rocketing car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. (1) A traffic accident report, a driver's license inquiry report, and an inquiry report on the enemy;

1. State photographs of the accident scene, destruction of damaged vehicles, damaged and parking photographs of the vehicles;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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