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(영문) 창원지방법원밀양지원 2020.08.18 2019고단615
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the BCA110 Obba.

1. On October 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) (the Defendant) driven the above ozone part, which was not covered by mandatory insurance without obtaining a license for a motorcycle driver, on the one-lane road in front of D, which is located in C in C at Pyang-si, and led the Defendant to drive the above radioactive part without obtaining a license for a motorcycle driver.

Since there was a road on which no signal light has been installed, in such a case, a person engaged in the driver's duty of care to check the front door thoroughly and to temporarily stop the accident or to reduce the speed of the accident by protecting and driving the pedestrian.

Nevertheless, the Defendant neglected to do so on the part of the victim F (the age of 83) who crosses the crosswalk from the right-hand side to the left-hand side due to the occupational negligence, which led to the Defendant’s neglect of doing so.

Ultimately, even though the Defendant suffered injury to the victim, such as the opening of the upper end of the 16 weeks left-hand body in need of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act: (a) drive the G apartment parking lot from G apartment parking lot to the place under the above paragraph (1), and (b) the Defendant did not have a mandatory insurance without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report, accident image photograph, photographic photo of the skin, driver's license register, secondary inquiries, inquiry into non- mandatory insurance, diagnosis report, and serious injury; and

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