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(영문) 대구지방법원 상주지원 2017.03.10 2016고단584

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On November 22, 2016, the Defendant driven the above vehicle at around 05:40 on November 22, 2016, and moved the road in front of the E cafeteria in D at the time of residing, from the same distance of the E cafeteria, to the area of the E cafeteria church.

At the time, the location was 25-lane national highways with the center line of yellow solid lines. Therefore, a person engaged in driving motor vehicles had a duty of care to prevent accidents by properly looking at the front and right and the right and the right of the road and safely proceeding.

Nevertheless, the Defendant neglected this and caused the collision on the right side of the Defendant’s driving vehicle due to the occupational negligence of the victim F(73) driver’s Gti City drive GT 73(S) prior to the center line, which led to the collision of the part on the left side of the victim’s upper part of the vehicle.

Therefore, the Defendant suffered injury to the victim, such as light bones, salll, and so on, which require approximately four weeks of medical treatment. Moreover, the Defendant did not take necessary measures, such as destroying the victim’s urbine, and providing rescue to the victim at the site, so that the amount equivalent to KRW 215,00,000 of the repair cost would be equivalent to the amount of KRW 215,00.

2. Although the owner of a motor vehicle violating the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle that has not been covered by mandatory insurance, the Defendant operated a C Poter truck that has not been covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a report on actual status investigation, a report on the occurrence and arrest of a case, and each investigation report (No. 18 through 20 times the evidence list);

1. Each driver's license ledger (No. 8,14 No. 14).