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(영문) 부산지방법원 서부지원 2020.01.10 2019고단705

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving B large-scale 49cc Mackers.

On March 11, 2019, the Defendant driven the above Obama on March 11, 2019, and proceeded with it from the lower side of the road for the combined use of bicycles and pedestrians in front of the Han-gu, Busan.

Although a person engaged in driving a motor vehicle is required to use a roadway, he/she neglected to drive a roadway while driving a road for the combined use of bicycles and pedestrians, thereby neglecting the steering gear and brakes, and received the victim D (the age of 62) who was walking at the same time due to occupational negligence that failed to properly operate the steering gear and brakes (the age of 62).

Ultimately, even if the Defendant suffered from an injury, such as the left-hand check salt, etc., which requires a victim’s treatment for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

2. The Defendant driven B 49cc lebane without obtaining a motorcycle license at the time, location, and location referred to in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Report on traffic accidents and the ledger of driver's licenses;

1. A medical certificate (D);

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act (The following consideration shall be given to the circumstances favorable to the reasons for sentencing):

1. The Defendant’s criminal act committed by the Defendant is subject to the aggravated punishment, etc. of specific crimes.