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(영문) 창원지방법원 2017.05.16 2016고단4433

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 is engaged in driving of CM5 motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award), the violation of the Road Traffic Act (the measures not taken after the accident), and the violation of the Road Traffic Act (unlicensed driving).

On October 18, 2016, the Defendant, without a driver’s license of a motor vehicle on October 18, 2016, operated a one-lane road in front of the Jeju Island 127-6 located in the Jeju Island 127-6 at the Jeju-si, Kimhae-si.

At the time of the defendant's frontline, the victim D(48 S) driving E 3 K3 driver is driving, so in such a case, the person engaged in driving service has a duty of care to safely operate by keeping the front door well and maintaining the safety distance.

Nevertheless, the Defendant found the above K3 car which temporarily stops due to the vehicle's delay at the time when the Defendant was negligent in neglecting this, and received the part of the victim's back part of the above car due to the Defendant's previous driver.

As a result, the Defendant, by negligence in the above business, caused the victim to suffer injuries, such as salt bars and tensions, which require approximately two weeks of treatment, and at the same time, destroyed the said K3 vehicle to be repaired in a amount equivalent to KRW 402,191, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the said CM5 motor vehicle without mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

The application of the Act and subordinate statutes to inquire into mandatory insurance for a letter of diagnosis on the ledger of driver's license by the police's report on the actual condition of the Defendant's legal statement D

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.