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(영문) 광주지방법원 2018.11.21 2018고단2827

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and violation of the Road Traffic Act (non-licensed driving) by the Defendant is a person engaged in driving of a motor vehicle with the last st

On July 9, 2018, the Defendant driven the said car without obtaining a driver's license from around 20:20, and tried to turn to the left from the complete global intersection of the D funeral hall located in Gwangju Mine-gu, the Defendant tried to turn to the left.

At the time, at night, the intersection is an intersection where traffic control is conducted in accordance with the signals, and a crosswalk is installed on the front side of the road to be driven by the defendant. In such a case, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who gets on the road, who will drive the motor vehicle in accordance with the signals and make it possible to reduce speed and see the road well.

Nevertheless, the Defendant neglected this and got the victim F who dried up the crosswalk pursuant to the pedestrian signals due to the negligence of left-hand turn at the stop, and received the victim F, who was placed on the front of the above vehicle of the Defendant, from about two weeks of treatment, and went away without immediately stopping the vehicle and without taking measures, such as providing relief to the victim.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the same time and time as the foregoing 1. paragraph, operated the car with the first sturst car without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Mandatory insurance inquiry and the ledger of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Article 152 Subparag. 1 and 43 of the Road Traffic Act (the point of unauthorized Driving), Article 46(2)2 of the Guarantee of Automobile Compensation Security Act.