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(영문) 청주지방법원 2017.06.15 2017고단284
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc.") by the Defendant is a person who is engaged in driving a MF5 vehicle.

On December 4, 2016, the Defendant driven the above car at around 20:14, and proceeded with the first road in front of the Jincheon-gun, Jincheon-gun, Jincheon-do, Seoul at the end of the carried forward.

In this case, the driver of the vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

Nevertheless, the Defendant neglected and proceeded with the bicycle in the same direction as above, the Defendant received the part on the right side of the victim D ( South, 59 years old) who is driving a bicycle in the same direction as the part on the right side of the said car and had the victim go beyond the victim.

Ultimately, even though the Defendant suffered from an injury, such as the structural pelle, etc., in need of approximately four weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief.

2. Violation of the Road Traffic Act (Unlicensed Driving) Defendant 1 driven BM5 automobiles at the section of approximately 2.5 kilometers from the road front of the sub-section of the Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, through the roads front Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and via the roads front of the sub-section of the 2.5 kilometers, even during the suspension period of the driver’s license of the motor vehicle at the border as stated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. A survey report on actual condition and an accident scene photograph;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license) as to the crime, and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act, and Article 15

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