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(영문) 광주지방법원 2020.06.18 2020고단606
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On January 13, 2020, the Defendant driven the said car without obtaining a driver’s license on the “D” front of the “D” road located in Seo-gu, Seo-gu, Gwangju, and continued to drive the said car from the “luminous Terminal” side.

At all times, signal lights and crosswalks were installed on the front door, and the victim E (the age of 32) passed the above crosswalk in accordance with the pedestrian signals. In such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly stop the front door and prevent accidents by stopping in accordance with the new code.

Nevertheless, the Defendant got the victim's bridge part in front of the said vehicle due to the negligence in contravention of the vehicle stop signal, and suffered from the victim's injury, such as cutting off the right frame for about 14 weeks in need of medical treatment, but escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, 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, and the choice of imprisonment with prison labor for each case;

1. From among concurrent crimes, the crime of this case committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant did not take relief measures despite being shocked by the pedestrian signal without the driver's license, and the nature of the crime is poor, the defendant has been punished four times due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and liability insurance even if the victim suffered serious injury.

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