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(영문) 의정부지방법원 2017.05.12 2016고단5697
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a vehicle volumeing on the ground that the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (after an accident).

On October 21, 2016, the Defendant driven the above car volume at around 17:30 on October 21, 2016, and led the Defendant to proceed one way in front of the E in the south of the Gyeonggi-do.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to see the front line and the left and the right, and to safely operate the tea.

Nevertheless, the Defendant neglected this and led the Defendant to drive the central line by breaking it on the part of the Defendant’s driver’s seat on the rear side of the driver’s license of the Victim F(45) drive, which was in progress at the fright lane facing the error of the driver’s negligence (45 years).

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim F, such as catum cat, etc. requiring approximately two weeks of treatment, suffered injury to the victim H, who is the passenger of the victim F, about two weeks of treatment, and at the same time, damaged the victim F’s low-priced car amount to KRW 1,132,808, and went off from the Defendant’s vehicle without taking necessary measures to damage the victim F’s low-priced car amount to KRW 1,132,800.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driven the car volume by examining D's ground, without obtaining a driver's license, in the section of approximately 300 meters from the 300-meter north-ro, Hanyang-do, Seoyang-do, Seoyang-do, Seoyang-do, Chungcheongnam-do, Chungcheongnam-do, the Seoul Metropolitan City in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. License register;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.

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