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(영문) 대전지방법원 서산지원 2018.07.18 2018고단610
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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.

(e).

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a driver vehicle with a gallon as a gallon in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) and violation of the Road Traffic Act (after an accident).

On May 11, 2018, the Defendant, around 00:16, was proceeding along the first line of the road set side in the direction of the west-gun E, Chungcheongnam-do from Jindo to the direction of the movement from Jindo.

At the time, there is a night and a place where the center line of the yellow domin line is installed, so there was a duty of care to ensure that a person engaged in driving a motor vehicle is obliged to thoroughly see the front line and to safely operate the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and went beyond the median line, and led to the conflict between the left side of the Defendant’s vehicle and the part of the victim’s GMW car driving in the opposite lane.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the string that requires approximately three weeks of medical treatment, and, at the same time, escaped without immediately stopping the damaged vehicle and without taking measures, such as aiding the damaged person, even though the damaged vehicle was damaged by the repair cost of KRW 4,313,045.

2. On May 11, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a gallon in a section of about four kilometers from the 4km to the roads in front of the Do-ri, Do-ri, Chungcheongnam-gun, Taenam-gun, Chungcheongnam-gun, Taenam-gun, Chungcheongnam-gun, without obtaining a driver’s license for a motor vehicle on May 11, 2018.

3. Notwithstanding the fact that a foreigner violating the Immigration Control Act intends to continue to stay in excess of the period of stay, the Defendant obtained permission for extension of the period of stay from the Minister of Justice before the period of stay expires, on December 13, 2012, and entered the Republic of Korea from Vietnam upon obtaining permission for stay from a seafarer (E102). Although the period of stay expires on October 26, 2017, the Defendant did not obtain permission for extension of the period of stay from that time until June 8, 2018.

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