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(영문) 청주지방법원 2017.08.30 2017고단774
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving a gallon vehicle with a gallon in violation of the Act on the Aggravated Punishment of Specific Crimes (or gallonism).

On March 21, 2017, the Defendant driven the above van without a driver's license on March 21, 2017, and proceeded at a speed of about 40 kilometers a speed of 135 kilometers a speed from the beginning of the petition of the city, the front road of the 1358 corporation, the front road of the Sinju-si, the Sinju-si, the Sinju-si, the front road of the 1358

At the time, since it was difficult at night to drive a day-to-day week, there was a duty of care to safely drive a person engaged in driving service by reducing the speed and making the right and the right well.

Nevertheless, the Defendant neglected to do so and went on the right side of the road in the same direction as that of the towed vehicle by negligence.

C(25) was shocked with the chief whiteer part of the vehicle under way.

The Defendant, by negligence in the above occupational negligence, suffered from the injury on the left-hand check of the victim C in need of approximately two weeks of treatment, but did not immediately stop and take necessary measures, such as providing relief to the injured party.

2. On March 21, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a galloning vehicle within a five-meter radius from around 5 kilometers to a gallon to a gallon who was aware of the front arrangement of the Gu inland Eup at the Cheongju-si, Chungcheongnam-si without a driver’s license, on March 21, 2017.

Summary of Evidence

The application of the laws and regulations on the ledger of driver's licenses to the defendant's legal statement C by reporting traffic accidents in the police statement report, actual condition investigation report, site and vehicle photo examination report.

1. 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, Article 43 of the Road Traffic Act, and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Selection of Imprisonment with prison labor;

2. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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