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(영문) 서울동부지방법원 2021.01.28 2020고단1877
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 a vehicle B and III cargo vehicle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On February 20, 2018, the Defendant driven the above cargo vehicle around 06:50, and led to the intersection of the area near Daejeon Dong-gu C, Daejeon to the E middle school surface from the offside of D.

At the time, a new wall is an intersection where no signal, etc. is installed. In such a case, a person engaged in driving of a motor vehicle has the duty of care to yield the course to the motor vehicle, if there is another motor vehicle already entered the intersection.

Nevertheless, the Defendant neglected to perform the above duty of care and was negligent by the Defendant’s failure to enter the right side from the left side of the running direction of the Defendant to the right side, and first entered the intersection and was driven by the Victim F (F, 50 years old) who was in progress at the intersection, and received the back side of the GM3 car as the front side of the said cargo vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer from the injury of “influences, tensions, etc.,” which requires approximately two weeks of medical treatment. At the same time, the Defendant: (a) destroyed the said car to the extent that it is equivalent to KRW 1,486,263 of the repair cost; and (b) escaped without taking measures such as aiding the damaged person by stopping the said car.

2. On February 20, 2018, the Defendant: (a) driven a B string and three-dimensional truck without obtaining a driver’s license from the area near the Daejeon-dong-gu, Daejeon to the roads near the same Gu; (b) around 600 meters from the road near the Dong-gu, Daejeon-gu, Daejeon to the roads near the same Gu.

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, the Defendant operated the B wing and III cargo vehicle that was not covered by mandatory insurance at the time and place specified in Paragraph 2.

Summary of Evidence

1. The defendant's person;

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