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(영문) 창원지방법원 2017.10.25 2017고단2861
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 30, 2017, the Defendant, who is engaged in driving of CF Launa car, was driving the said car without obtaining a driver's license on June 30, 2017, along the two-lanes in the direction of the long distance of the 184-lane 184 Ssung-ro, Sungwon-gu, Sungwon-si, Changwon-si, Changwon-si.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected to do so, caused the Victim D(31) to drive a vehicle at the front section of the front section by negligence, and caused the Victim D(31) to run the vehicle at the front section of the said vehicle.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim, such as salt panion in light of the light that requires approximately two weeks of treatment, and at the same time, destroyed 1,918,970 won following the above SM5 car to repair the 1,918,970 won, and escaped without taking measures such as aiding the damaged person by stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime; 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. After the sentencing of Articles 53 and 55(1)3 of the Criminal Act on the reduction of the amount of punishment was caused by one injury, which is the basis of the reduction of the amount of punishment, the person who is subject to special sentencing guidelines from June to August to June 1, 1, and from June 3: The person who is subject to no corresponding sentencing guidelines: the basic area of recommendation (from August to one year).

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