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(영문) 청주지방법원 충주지원 2017.12.05 2017고단836
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On September 18, 2015, the Defendant was sentenced to one year and two months of imprisonment by the Jeonju District Court, and completed the execution of the sentence in the Jeonju Prison on September 17, 2016.

[Criminal facts]

1. Around 21:50 on June 29, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Prize Prize) was driving HH New Airport (HG car) and led to the rapid rapid progress of the J cafeteria in front of the G cafeteria at the end of the Jeonju-si.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front door and left door well, and accurately operating the steering and brakes.

Nevertheless, as the Defendant neglected such duty of care due to occupational negligence, the victim K (29 years old) who stops on a part adjacent to the right-hand side of the car in which the Defendant was driven by the victim K (29 years old).

Ultimately, even though the Defendant suffered from injury to brain-dead in need of medical treatment for about two weeks due to the above occupational negligence, he did not stop and did not take measures such as aiding the injured party, and escaped without leaving the vehicle.

2. Any person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the date of purchase;

Nevertheless, the Defendant did not apply for the registration of transfer of ownership, even though the Defendant purchased the above H new car from O on June 19, 2017, from 10 to O.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A P statement;

1. A traffic accident report (a survey report on actual condition and a map on the scene of an accident);

1. An accident vehicle photograph;

1. A report on initial measures taken against an accident;

1. The register of chassiss and driver's licenses of motor vehicles;

1. The original register of automobile registration;

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