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(영문) 대전지방법원 논산지원 2017.05.19 2016고단577
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, 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

The Defendant is a person who is engaged in driving a CMM vehicle.

On September 15, 2016, the Defendant driven the foregoing vehicle without a mandatory insurance without a driver’s license on September 15, 2016, and led to the Defendant’s driving of the said vehicle along the four-lanes between the five-lanes in the direction of Seoul and the four-lanes in the direction of Busan.

In such a case, a person engaged in driving service has a duty of care to thoroughly operate the steering gear, brake system, etc. on the front side and to accurately operate it.

Nevertheless, unless the Defendant neglected the above duty of care, he was negligent in driving the victim D(58) drive prior to the Defendant’s vehicle due to negligence, and received the panion vehicle behind the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D, such as finites that require approximately two weeks of medical treatment on the part of the victim F (F, 57 years of age) who was on the part of the damaged vehicle, suffered from the victim G (P, 62 years of age) who was on the part of the damaged vehicle for about two weeks of medical treatment on the part of the victim G (P, 62 years of age) who was on the part of the damaged vehicle for about two weeks of medical treatment on the part of the damaged vehicle, without taking necessary measures, such as damaging the damaged party H (V, 59 years of age) who was on the part of the damaged vehicle for about two weeks of medical treatment on the part of the damaged vehicle, and at the same time, she did not take necessary measures, such as aiding the damaged party by damaging the property in order to exchange the damaged vehicle with the damaged vehicle for about 91,306 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Register of driver's licenses (27 pages of investigation records);

1. Inquiry into mandatory insurance;

1. Each written diagnosis;

1. Written estimate;

1. Application of the statutes governing traffic accident photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the act of escape after the injury caused by occupational negligence).

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