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(영문) 창원지방법원 거창지원 2019.09.11 2019고단220

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 of B Poter cargo vehicles.

On June 25, 2019, the Defendant driven the above cargo vehicle without obtaining a driver's license on June 15, 2019, and proceeded into the 1-lane road without a line located in 758, Gohap-gun, Gohap-gun, Gyeong-gun, by a large-scale road. On June 25, 2019, the Defendant turned into the 2-lane road in the same direction.

In such cases, there was a duty of care to prevent accidents in advance, such as a collision with other vehicles that are driven by the driver by accurately operating the steering gear and brakes, and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and got the victim to go beyond the floor by taking the front part of the victim C(34 years old) driving in the direction of the opposite side of the defendant's proceeding, which is driven by the victim C(34 years old) who is driving in the direction of the opposite side of the defendant's direction.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis and written estimate;

1. A traffic accident occurrence report;

1. An inquiry into the enemy (B);

1. Mandatory insurance associations (from January 2019 to January 2016)

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.