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(영문) 서울중앙지방법원 2018.04.04 2018고단837
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 30, 2017, the Defendant, without obtaining a driver's license, driven a coos car into F on December 30, 2017, driving the coos car into F on December 30, 2017, and driving the four-lane road in front of the 161 Gwangjin-gu Seoul, Jongno-gu, Seoul, along one-lane, toward the direction of the Gyeongnam-do in the direction of the border.

At the time, the driver of a motor vehicle was at night and at this time, and in such a case, the driver of the motor vehicle had a duty of care to prevent accidents by keeping the front door and the right and the right and the right and the right and the right of the motor vehicle while safely driving the motor vehicle.

Nevertheless, the Defendant did not discover a H A6 car driven by the injured party G(45) who was waiting for a signal at the front of the front bank while neglecting the front bank, and received a part of the back part of the AD car with the front part of the Cub car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim I (the 45 years old), who was on board the victim G and the Awdididi vehicle (the 45 years old), such as the finite and the finite base for treatment for about two weeks, and at the same time, destroyed the damaged vehicle to have approximately KRW 18,320,797, and escaped without taking necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. G Statements;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to each written diagnosis and investigation report (Submission of a written estimate for damaged vehicles);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act (the point of failing to take any measure after an accident), and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 of the Criminal Act:

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