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(영문) 수원지방법원 2019.10.18 2019고단3822
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 February 15, 2019, the Defendant, who is engaged in driving of B-hurd motor vehicle, was driving the said motor vehicle without a driver's license on February 22, 2019 and proceeded to turn to the left in the direction of the Do Office in the direction of the Do Office in Young-gu, Young-gu.

Since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to live well on the right and the right of the driver of the motor vehicle, and to prevent the accident by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and failed to stop without any necessary measures such as providing relief to the victim, who was normally straight in accordance with the new code in the direction of the light-to-face IC on the opposite side of the Defendant, and was able to receive the part of the victim C (n, 43 years old) driving in front of the right-hand part of the said DNA-to-pp vehicle, and suffered an injury to the victim, such as a horn, which requires approximately four weeks of medical treatment, and at the same time, destroyed the said EM vehicle to have an amount equivalent to KRW 400,948 of the repair cost, but failed to immediately stop the vehicle to take necessary measures, such as providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The actual survey report on traffic accidents, and vehicle photographs;

1. Blue boxes and video CDs;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the Automobile License Register;

1. Article 152 subparagraph 1 of the relevant Act on the Punishment, etc. of Specific Crimes and Article 43 of the Road Traffic Act, 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 (the point of failure to take measures after an accident);

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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