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(영문) 서울북부지방법원 2018.09.20 2018고단2943
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a motor vehicle for the first time in E.

On March 29, 2018, the Defendant driven the said car without obtaining a driver's license on March 23:10, 2018, and driven the said car at a visible distance of 18 Solardo-ro, Solar-do-ro, Gyeonggi-do-do-ro, with one-lane between the two-lanes, led to an insular speed.

At that time, the Defendant had a duty of care to safely enter the road according to the lane without reducing speed and obstructing the passage of other vehicles, since vehicles enter the intersection where the signal traffic is in motion.

Nevertheless, the Defendant did not properly go through the front city and went off the intersection as soon as possible, while going beyond the center line in the direction of the opposite side, and did not avoid the Gamburged car of the victim F (W, 56 years old) who is waiting for the signal at that place, and did not avoid the vehicle of the victim F (W, 56 years old) who was waiting for the signal at that place, and did not shock the part of the driver's seat of the first vehicle of the driver's seat of the vehicle of the Defendant, which was driven by the Defendant.

As a result, the Defendant suffered clocks in need of approximately two weeks of medical treatment from the victim due to occupational negligence as above, and at the same time, escaped without taking necessary measures even after destroying and damaging the lurged passenger vehicle so that the repair cost equivalent to KRW 2,293,464 is reached.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after accident), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licenseless driving) concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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