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(영문) 수원지방법원 평택지원 2017.10.27 2017고단1747
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Punishment of the crime

1. The Defendant is a person who is engaged in driving of C Starsch Rexroth in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (Egress after accidents).

On July 23, 2017, 20:05, the Defendant was negligent in failing to discover that the Eststren car driven by the victim D(40 years old) was parked in the front part of the vehicle left by the victim, while driving the national highway No. 38 adjacent to each mountain intersection 7030-28 at the front side of the death of the 5th parallel, due to the negligence that caused the Defendant to neglect the duty of her front-round navigation, while driving the national highway No. 38 lanes from the front side of the 7030-28-day death.

Ultimately, the Defendant by such occupational negligence inflicted an injury on the victim D, such as light salt, which requires approximately two weeks of treatment on the part of the victim F (6 years of age) who was the passenger of the said rocketing car, suffered injury on the part of the victim F (6 years of age) who was in need of approximately two weeks of treatment on the part of the victim G (hereinafter 4 years of age), suffered an injury on the part of the victim H (the 50-year-old passenger), who was in need of approximately eight weeks of treatment on the part of the victim H (the 50-year-old passenger), and at the same time suffered an injury on the part of the victim H (the 50-year-old passenger) who was in need of approximately eight weeks of treatment on the part of the passenger.

2. On July 23, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without obtaining a driver’s license from the Defendant’s residence located in Ansan-si around 20:05 to the said accident site, without obtaining a driver’s license from around 5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, J and H;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. Each medical certificate; 1. A statement of automobile inspection and maintenance;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (the point of driving without a license), respectively;

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