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(영문) 전주지방법원 남원지원 2020.01.07 2018고단97
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. On March 4, 2018, at around 13:25, the Defendant violated the Road Traffic Act (unlicensed Driving) and operated an EK7 vehicle without obtaining a driver’s license in a section of about 5 km from the front of the Defendant’s residence in Namwon-si B to the front of the road in Namwon-si, Namwon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving service of K7 cars listed in paragraph 1.

On March 4, 2018, the defendant, at around 13:25, 13:25, 4 of D elementary intersection C, Nam-si, Namwon-si, had the intersection go through the old erogate from the erogate erogate to the old erogate erogate.

Since there is an intersection where a signal is installed, there was a duty of care for a person engaged in driving of a motor vehicle to live well on the right and the right of the motor vehicle and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the defendant neglected this and proceeded with the front signal while the front signal was in red, and the victim G (the age of 49) who was driven by the new line from the front side of the D elementary school to the F apartment room in the front side of the D elementary school, was shocked by the front part of the K7 car in front of the defendant.

As a result, the Defendant, by occupational negligence, committed an injury to the victim, such as cerebrovasil, without an open room for treatment for about one week, and at the same time, destroyed the passenger car driving by the victim to be in excess of KRW 1,887,348, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. A report on investigation (investigation of damaged vehicles booms), a report on investigation (investigation of CCTVs around the area), and a report on investigation (verification of the situation, etc. as at the time of the other party to the victim);

1. A medical certificate;

1. Written estimate;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes concerning the scene of traffic accidents and the state of damaged vehicles;

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