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(영문) 부산지방법원동부지원 2020.10.08 2020고단1270
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Although the indictment submitted by the prosecutor of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), the violation of the Road Traffic Act (unclaimed Measures after Accidents) and the Road Traffic Act does not include "violation of the Road Traffic Act" in the indictment, the charges stated in the above indictment include the part that "the defendant damaged the victim's car by negligence in the course of performing his/her duties so that 4,119,228 won may be damaged." In light of the fact that Article 151 of the Road Traffic Act includes "Article 151 of the Road

And the defendant is a person who is engaged in driving of 125cc c obs without a license plate.

On April 23, 2020, the Defendant, without obtaining a motorcycle driver's license at around 16:10 on April 23, 2020, driven the above Oba, and driven the intersection from the direction of the intersection of Busan Shipping Daegu apartment at a speed of about 30km from the direction of the intersection of the intersection.

Since there is a signal signal at the front, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.

Nevertheless, the defendant neglected this and caused the victim C(IS, 59 years old) to turn to B apartment distance from the right side of the right side of the passenger car of the victim C(IS, 59 years old) by negligence that led to the red signal.

Ultimately, the Defendant, without obtaining a motorcycle driver’s license, sustained injury to the victim by negligence in the course of performing his duties, such as drums and tensions that require approximately four weeks of medical treatment, and at the same time, immediately stops in the said rocketing car so that 4,199,228 won of repair costs may be damaged, and thus, necessary measures, such as providing relief to the victim.

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