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(영문) 전주지방법원군산지원 2020.09.09 2020고단428
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. A person who is engaged in driving a BNAS car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents).

On March 6, 2020, the Defendant driven the above car on March 11:21, 2020, and driven the front road in the Gunsan City C along the two-lanes between the two-lanes from the 3-lanes.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately operating the operation and steering gear of the vehicle, and by accurately operating the operation and steering gear.

Nevertheless, the Defendant neglected this and neglected to stop in the front of the Defendant’s driving vehicle, thereby resulting in the Defendant’s negligence in driving the back part of the victim D (ma, 48 years of age) driving E in the atmosphere of traffic signals at the front of the Defendant’s driving vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury, such as salt panions, requiring treatment for about two weeks, and at the same time escaped without immediately stopping a vehicle driving a victim, even though the Defendant damaged a vehicle in approximately KRW 1,792,942 to repair costs, but failed to take measures such as aiding the victim.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a No. B NAS car.

The defendant operated the car that was not covered by mandatory insurance at the time and place specified in the "1" clause.

3. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

On September 2018, the Defendant paid KRW 1 million to a person whose name is unknown at the port of Seocheon-si, Seocheon-si, and did not apply for the registration of transfer of ownership of a motor vehicle without justifiable grounds even though he/she was acquired by transfer of a No. B NAS motor vehicle.

Summary of Evidence

1. The defendant;

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