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(영문) 대구지방법원 2019.08.22 2019고단338
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 service of freight Class B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents).

On October 18, 2018, the Defendant driven the above cargo vehicle on the 14:35th day of October, 2018, and led to the flow of the yellow intersection, which is located in the 636th day of Sinsan-si, Sinsan-si, Sinsan-si, in accordance with three-lanes from the boundary of Sinsan-si, Sinsan-si, Sinsan-si.

At all times, the signal apparatus is installed on the front side, and the lane that the defendant proceeded is prohibited from left and right away, so in such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle in accordance with the new code and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front portion of the Dworkrenn No. 35 years old, which was driven by the injured party C(35 years old) who was in the direct line from the two-lanes due to the negligence of the Defendant, even though the electric direction signal, etc. was a straight signal, following the left portion of the said cargo vehicle.

The Defendant, by occupational negligence, caused the victim to suffer injury, such as saved salt in need of treatment for about two weeks, and at the same time, destroyed the said rocketing car to be in excess of KRW 9,976,140, and escaped without immediately stopping the car and taking measures, such as providing relief to the victim.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of B Poter II.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above cargo Ⅱ which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. 5 copies of a report of investigation (a confirmation, etc. of black stuff images) and a photograph of a black stuff images.

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