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(영문) 부산지방법원 서부지원 2018.01.09 2017고단1294
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 of a freight vehicle of one ton in return for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or injury) and the violation of the Road Traffic Act (or measures not taken after an accident).

On August 5, 2017, the Defendant, without obtaining a driver's license for a motor vehicle from around 17:05 on August 17, 2017, the Busan City, which was located in 16-ro 3, 16-gil, Pyeong-gu, Busan, the direction of the direction of the intersection between South and North Korea, in the direction of the business center.

Since the location is an intersection with signal signals, a person engaged in driving service has a duty of care to drive in accordance with signals.

Nevertheless, the Defendant neglected this and got off the E-benz automobiles, which were driven by the victim D(49) of the above cargo-lanes without obtaining a driver's license, due to the negligence of driving the vehicle without obtaining a driver's license.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim D, F (n, 51 years old), G (n, 20 years old), etc. in need of approximately 2 weeks of medical treatment, and at the same time, did not stop the said benz vehicle without taking measures, such as providing rescue to the victims, even though it was damaged by the 8,929,910 won for repair.

2. On August 5, 2017, the Defendant, at around 17:05, driven a C-wing and 1 ton freight vehicle without obtaining a driver’s license in the section of approximately 600 meters, from the shooting distance of the apartment of the Daco in Busan, which was located on 47 a.m. 234-ro, Seocheon-gu, Busan, Busan, to 3, 16-ro, Jin-gu, Busan, 3, 16-ro, 3, 3, and 16-ro, 3, 300 meters in front of the Doz center.

3. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Defendant 2 operated the C 1 ton cargo vehicle, which was not covered by mandatory insurance at the time and place of the above paragraph 2.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A written statement on the occurrence of D traffic accidents;

1. Photographs of the damaged vehicle;

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