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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1098
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 a period of 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 the operation of a spawn-fest truck.

1. On January 9, 2017, the Defendant violated the punishment rate on the aggravated punishment, etc. of specific crimes (or the upper part of the incident), violation of the Road Traffic Act (or measures not taken after an accident), and violation of the Road Traffic Act by driving the above cargo vehicle on around 18:30 on January 19, 2017, and causing the change of the five-lane road in front of the D Council members in Busan south-gu, along the two-lanes of the road in front of the Busan Southern-gu, along the direction, etc., from the opposite side of the road, and the person engaged in driving service was obliged to pay a duty of care to change the lane safely by notifying the direction, etc. in advance, and making it possible for the traffic situation before and after,

Nevertheless, the Defendant neglected this and changed the four-lane to the right-hand side of the passenger vehicle driving by the victim E (44 years) who was in normal process due to the negligence of changing the four-lane to the right-hand side of the passenger vehicle, which the Defendant driven into the front side of the cargo vehicle driving by the Defendant.

As a result, Defendant 1 suffered injury to the victim, such as salt pans and tensions that require approximately three weeks of treatment due to such occupational negligence, and at the same time, Defendant 2 went away without taking necessary measures, such as immediately stopping the damaged vehicle and providing relief to the injured party, even though the damaged vehicle’s damage, etc. was damaged by the franchis, etc.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven approximately 4 km from the road located in the Southern-gu Busan metropolitan area without a driver's license for a temporary border as referred to in paragraph 1 of the above paragraph to the front road of the D Council members in C.

3. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the freight truck that did not purchase mandatory insurance at the same time and at the same place as the above Paragraph 1.

Summary of Evidence

1. The defendant's statement in court;

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