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(영문) 청주지방법원 2018.01.19 2016고단364

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

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.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Crentop car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epins).

On November 8, 2015, the Defendant driven the above car at around 13:50 on November 13, 2015, and continued to proceed to the road on the side of the underground parking lot for the new bank building in the Sejong-si principle.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to safely drive a person who is engaged in driving of a motor vehicle by making it possible for a person who is engaged in driving of a motor vehicle to live with a pedestrian.

Nevertheless, the defendant neglected to do so and passed the report from the right side of the defendant's proceeding to the left side of the victim D (W, 47 years old) which was left by the defendant's negligence, and received the front side of the defendant's car.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and escaped without taking necessary measures.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on November 8, 2015, the Defendant operated a Crentop car which was not covered by mandatory insurance in the principle of the Sin Sejong Sin-si in Seoul Special Metropolitan City on November 13:50.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or E;

1. A traffic accident report, traffic accident report (2), CCTV photographs, CCTV photographs, traffic accident report, 112 report processing table, diagnosis sheet, vehicle check, mandatory insurance inquiry, automobile registration certificate, automobile transfer certificate, vehicle transfer certificate, vehicle transfer certificate, loan certificate, performance note, vehicle abandonment certificate and vehicle use consent form, investigation report, investigation report (2 times), internal investigation report, internal investigation report, and internal investigation report (F counterpart investigation of witness) (the defendant is without memory of driving the instant vehicle, but the evidence is asserted to the effect that the defendant is not a witness.