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(영문) 수원지방법원 안산지원 2019.05.08 2016고단2941
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is an acting engineer who is engaged in the duty of driving a Grand City Kayle.

Around 01:30 on November 13, 2015, the Defendant, at the request of C, who operated the above van, driven the above van without obtaining a driver's license in the section of about 30km from the 427m crossing to the terminal road located in the west-gu in Ansan-si, Ansan-si. The Defendant turned the said intersection to the left of the parallel police station from the side of the water industry.

At all times, the signal, etc. is installed and operated normally, so a person engaged in driving service has a duty of care to properly see the right and the right and the right and the right, and to drive by observing the signal.

Nevertheless, the defendant neglected this and received the front portion of the EK5 car driven by the victim D(26 years old) who was directly in accordance with the straight line as the front part of the above passenger vehicle driven by the defendant in the opposite part, due to the negligence that the defendant neglected to turn left at the right-hand signal.

Ultimately, even if the Defendant suffered injury, such as the “serious balance of a heavy balance of deficit,” which requires a victim to receive approximately four weeks’ medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Related photographs;

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

1. Relevant Article 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, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection of imprisonment for each sentence;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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