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(영문) 창원지방법원 밀양지원 2017.01.05 2016고단540
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. The Defendant of a traffic accident against a taxi is a person who is engaged in driving a vehicle C with a driver’s license.

On July 30, 2016, the Defendant: (a) driven the said vehicle without a driver’s license on July 30, 2016; (b) turned the two-lanes near E convenience stores located in D at the fast speed into the river from the apartment side of the apartment site, while discovering the police officer who was under the influence of alcohol at the long distance from the front direction.

At the time, it was a night and a three-way road where vehicle traffic is frequent, so there was a duty of care to check whether a person engaged in driving a motor vehicle is a motor vehicle in the rear side and to prevent accidents from spreading safely.

Nevertheless, as the Defendant neglected the duty of follow-up drinking, the Defendant did not discover Gysta taxi in the victim F (54 Do) drive while stopping in order to proceed in the short distance leading to the Defendant’s vehicle, and received the part of the back part of the Defendant’s vehicle in front of the damaged vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc., in which the number of treatment days cannot be known to the victim due to such occupational negligence, and at the same time, the Defendant escaped without immediately stopping the said taxi so that 191,398 won was damaged to repair expenses and without taking necessary measures.

2. On July 30, 2016, the Defendant, without a driver’s license on July 30, 2016, escaped from the place specified in paragraph (1) and made him turn to the right from the bed elementary school.

At the time, it was an intersection that does not have a signal at all times, and thus, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right of the front and the right.

Nevertheless, the defendant's negligence is due to occupational negligence, as long as he had neglected the front direction while escaping rapidly from the place specified in paragraph 1.

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