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(영문) 의정부지방법원 2017.07.12 2017고단1202
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of driving DNA freight truck.

1. On January 10, 2017, the Defendant driving the said cargo without obtaining a driver’s license from around 06:30 on the road in front of the Defendant’s residence located in Jung-gu, Jung-gu, Seoul to the front of the Gu Community Center located in Seo-gu, Gangnam-gu, Seoul to about 15km.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or Meption) was driving the said cargo at the same time as Paragraph 1, and subsequently moving the front road of the “G” located in the “G” in the “G” at the time of the Speaker’s Government to a telephone-sponsing distance from the seat point of convenience.

At the time, there was a victim H (n, 48 years of age) on the right-hand hand, and in such a case, there was a duty of care to safely drive an accident by sending the signal with a horn, etc. to a person engaged in driving of a motor vehicle, and to prevent the accident by driving it safely.

Nevertheless, the Defendant neglected to do so and was faced with the victim's face behind the right side of the said cargo by negligence.

Ultimately, even though the Defendant suffered cerebral cerebral ties for about four weeks from the above occupational negligence, he did not take measures such as informing the victim of his personal information as the driver of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Casct ctv video closure photographs;

1. Each traffic accident statement of the defendant and H;

1. A medical certificate;

1. Application of Acts and subordinate statutes regarding licenses;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.

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