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(영문) 수원지방법원 2018.04.24 2017고단8611
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a Grand bus in Grandland.

On September 12:50 on September 12, 2017, the Defendant driven the said van without obtaining a driver's license, and led to the driving of the said van near the northwest-ri in the northwest-ri of the Namyang, Namyang-do in the direction of the Eup/Myeon office in the direction of the Namyang-do in the direction of the Eup/Myeon office in the speed of about 110km in the speed of Si.

In the same way as at the time, the car lurbed by the victim C(33) was driven by the victim C(33) at the same time, and thus, the defendant engaged in driving service had a duty of care to accurately operate the steering and operating the steering gear by accurately operating the steering and operating the steering system while living well at the front and right.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding and received the back part of the said vehicle from the Defendant’s driver’s vehicle as the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as the inner section, in need of medical treatment for about two weeks by occupational negligence as above, and at the same time, did not immediately stop and rescue the damaged party, even if the Defendant damaged the said Aburged vehicle so as to cover repair costs, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition and a comprehensive traffic accident analysis report;

1. An accident scene photograph;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) 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. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of the term of punishment plus the long-term punishment for each crime) of the Aggravation of Concurrent Crimes

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