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(영문) 부산지방법원 동부지원 2017.10.12 2017고단1631

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) is a person engaging in driving a marina car.

On June 30, 2017, the Defendant driven the above car at around 00:00, and driven the two lanes prior to the location of the Saemaeul Credit Cooperative located in Busan Metropolitan City, Busan Metropolitan City, along with one-lane from the boundary of the office building at the Newero middle school.

There are crosswalks in which signal lights are installed on the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to properly operate the brake and steering gear and to safely drive the motor vehicle by complying with signals.

Nevertheless, the Defendant neglected this and got the victim C (22) crossinged from the right side of the crosswalk to the left side of the crosswalk due to the negligence of going in contravention of the signal as it is, and received the victim C (22) in front of the Defendant’s passenger car.

As a result, the Defendant suffered from the 20-day medical care for the victim due to the above occupational negligence, and went away without necessary measures, such as immediately leaving the 20-day medical care and taking into account the situation of damage.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) was a person holding the said M&A car without mandatory insurance; (b) around the above day, the Defendant operated the said car from the front day of the Busan Shipping Daegu D Studio parking lot to the front day of the said Saemaeul credit cooperative, around 3 kilometers from the front day of the said Saemaeul credit cooperative.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, mandatory insurance inquiries, diagnosis certificates, investigation reports (CCTV video verification and CD attachment);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Damage Compensation Act (non-insurance)