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(영문) 대구지방법원 2016.10.27 2016고단3758
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 14, 2016, at around 22:35, the Defendant driven D EF rocketing car without obtaining a driver’s license on the section of about 20km from the road near the Defendant’s accommodation located in Busan-si to the point of Busan-dong, Daegu-gu, to the point of 122.4km located in the Busan-dong, Daegu-gu, Busan-do.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the DESM car that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), Violation of the Road Traffic Act (Non-accident after Accidents), and the Road Traffic Act is a person engaged in driving a DNA rocketing car.

On February 14, 2016, the Defendant, driving the said car around 23:00, changed the bus line from the Busan metropolitan line to the fourth line while driving along the three lanes from the Busan metropolitan line with the Busan metropolitan line, at the point of 122.4 km.

At the time, since it was at night, there was a duty of care to prevent accidents by changing the vehicle line after checking whether a person engaged in driving of a motor vehicle is a vehicle driving by reducing speed and checking the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and the victim E (the age of 53) who was driving along the fourth line due to the negligence of changing the fourth line as it was, was shocked by the left-hand part of the cargo vehicle, which was driven by the Defendant, with the right-hand part of the passenger vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires approximately two weeks of medical treatment by occupational negligence as above, and at the same time, tran to ensure that the repair cost is equivalent to KRW 2,019,787.

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