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(영문) 청주지방법원 2019.02.13 2018고단3005
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 BM5 car.

On November 1, 2018, the Defendant driven the above vehicle without a driver's license on November 23:43, 2018, and driven the front road of Jincheon-gun C in front of the Jincheon-gun along the Jincheon-gun intersection.

There are two-lanes of one-lane national highways, and in this case, the driver has a duty of care to properly see the traffic situation of the road and safely drive the accident in accordance with normal career and traffic sign instructions.

Nevertheless, the lower part of the left side of the rocketing taxi operated by the victim D, who was under normal operation due to negligence of the Jincheon Police Station while neglecting this, was shocked into the left side of the Defendant vehicle, and the front part of the GNS car continuously driven by the victim F (F, South and 37 years old) was shocked into the front part of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim F, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant destroyed the rocketing and ice vehicles and escaped without any necessary measures, such as providing relief to the victim, even though she immediately stops, so that the repair costs in the market are avoided.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of each traffic accident related to D or F;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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