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(영문) 수원지방법원 2020.10.15 2020고단4885
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives Branchis a motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents);

On June 26, 2020, the Defendant driven the above car at around 00:50, and made a turn to the left at the fourth-lane of the C market distance from the outside music street room to the outside of the C market distance.

In such cases, the driver of a motor vehicle has a duty of care to live well in the front section and accurately operate the steering and brakes, while safely driving the motor vehicle in accordance with the driving direction of the driving lane and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left at a four-lane, which is a straight lane, and received the part of the victim's front front part of the EM3 car driving of the EM3 vehicle in the same direction, the injured party D (Nam, 32 years old), who was straighted in the same direction.

As a result, the Defendant, by negligence in the above business, caused the victim to suffer from an injury to the light fluoral salt in need of treatment for about two weeks, and at the same time, destroyed the said SM3 car to be in excess of KRW 441,436, and escaped without taking necessary measures, such as providing relief to the victim, even though it was immediately stopped.

2. Around 00:50 on June 26, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the part of approximately seven kilometers in the section of approximately seven kilometers from the Sinsung City F to the “H restaurant” located in the Sinwon-gu G, Suwon-si, through the viewing railway distance in the Sinwon-si, Suwon-si, Suwon-si, which was located in the Sinwon-si Station G, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement of the person involved in the D traffic accident;

1. A traffic accident report;

1. A medical certificate;

1. Application of the written estimate for automobile inspection and maintenance;

1. Criminal facts;

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