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(영문) 광주지방법원 순천지원 2018.08.23 2018고단1182
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

The defendant is a person who is engaged in driving a BM7 car.

On April 13, 2018, the Defendant driven the said car without obtaining a driver's license from the commercial intersection located in the Dong of the Mancheon-si Municipal Ordinance of 23:40 on April 13, 2018, and came straight from the luminous distance towards the light of the Ordinance.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with his/her name.

Nevertheless, the Defendant neglected this and neglected to turn to the left from both sides of the light due to the negligence of proceeding red stop signals, and received the part of the front part of the DNA boarding car driven by the victim C(33 ) who was driving by the victim C(33) as the front part of the above SM7 passenger car.

Ultimately, the Defendant’s negligence in the above occupational negligence inflicted injury on the victim C, such as salt ties and tensions, etc. to the victim E (29 years old), a passenger of the said passenger car, on the part of the said passenger car, on the part of the victim E (29 years old), for approximately two-day medical treatment; and at the same time, the victim C was damaged to repair the passenger car at KRW 279,332, and escaped without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

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 Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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