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(영문) 수원지방법원 여주지원 2017.02.16 2016고단1515
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On June 17, 2014, at around 09:55, the Defendant driven the said cargo without obtaining a driver’s license from a person who is engaged in driving of the Poter Cargo, and led the Defendant to drive the said cargo along the two-lanes between the two-lanes from the 1st intersection in the New Sea to the direction of the e-mail in the south Eup/Myeon.

The driver of a motor vehicle has a duty of care to accurately operate the steering direction and brakes, to properly consider the situation of the front left left and right, to check the safety of the course, and to prevent accidents from occurring.

Nevertheless, when the defendant neglected this and changed the course into a one-lane as it is, the defendant was found to have received the right-hand part of the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, while driving a motor vehicle without a driver's license, the Defendant suffered injury to the victim C, such as catum cat, which requires approximately two weeks of medical treatment, and suffered injury to the passenger E, which requires approximately two weeks of medical treatment. At the same time, the Defendant, while driving a motor vehicle without obtaining a driver's license, did not take necessary measures, such as aiding the victim by stopping the motor vehicle to the extent that the repair cost of KRW 828,048 is to exceed the amount of KRW 828,048.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement by the police in relation to C and G;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes governing traffic accidents;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (a person driving without a license) regarding the crime, Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (a person operating an act without a license) and Articles 148 and 54 of the Road Traffic Act concerning the crime.

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