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(영문) 대구지방법원 포항지원 2019.05.02 2019고단127

특정범죄가중처벌등에관한법률위반(도주치상)등

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The sentence against the accused shall be 7,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a motor vehicle B-to-purd motor vehicle.

On January 7, 2019, the Defendant driven the said car without obtaining a driver's license on January 23:28, 2019, and driven the three-lane road in front of the south-gu Seoul metropolitan area at the right speed of about 20 km in the speed of east-gu in the direction of the east-gu in the direction of the east-gu in the east-gu in the East Sea.

At the time, the ES100B motorcycle that the Defendant was driving on the front side of the car driven by the victim D (n, 57 years old) was driving in the same direction. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as taking the front side well, accurately operating the brake and steering gear, etc.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused the victim to go beyond the road by taking the rear part of the victim's motorcycle as the front part of the Defendant's car by negligence.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained a loss in need of medical treatment for about two weeks, but immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and operated the said Ampurged Vehicle without obtaining a driver’s license at a section of about 10 km from the place where his address is unknown at the time of the temporary border as indicated in paragraph (1) of this Article to the front of the same Gu F.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The actual condition survey report;

1. The register of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act on the Punishment, etc. of Specific Crimes concerning the crime, the death by occupational negligence shall be made.