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(영문) 의정부지방법원 2018.11.30 2017고단5472
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant of "2017 Highest 5472" is a person who is engaged in the business of driving a motor vehicle by borrowing B.

On September 17, 2017, the Defendant driven the above car at around 21:10, and made the front way of the “D Et” located in Gyeonggi-gun C, Gyeonggi-do, to turn to the left from the east Dobcheon-si.

At the time, there is a person who built a road on the front side, and in such case, the driver of a motor vehicle has a duty of care to safely drive the road by checking well the right and the right of the front side, so that the accident may not occur.

Nevertheless, the defendant neglected to turn to the left without neglecting it and conflict with the victim E (the 17-year old left side) who crosses the road on the right side from the left side of the moving direction with the right side of the victim E (the 17-year old left side).

Ultimately, the defendant did not take safety measures such as aiding the victim, even though he suffered from the left-hand left-hand left-hand side and the loss of the victim due to the above occupational negligence, and the defendant escaped from the scene without taking safety measures such as aiding the victim.

On January 29, 2018, the Defendant 2018 J. 15:30 on May 29, 2018, 2018, the Defendant driven Bho-do car without the driver’s license from the front of G elementary school located in F in Nam-si, Namyang-si to the front of H in about about 17 km of Guri-si.

Summary of Evidence

"2017 Highest 5472"

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident;

1. Statement made by the police for E;

1. A report on investigation (attaching a report on investigation);

1. A medical certificate;

1. CCTV images "2018 Godan 991";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the driving license ledger;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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