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(영문) 창원지방법원 2013.06.21 2013고단626

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six 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 a B-hand vehicle.

On February 22, 2013, the Defendant driven the above vehicle without a driver's license on February 22, 2013, and proceeded at approximately 40 km in speed from the feudal side to the name middle school at the speed of about 90km in front of a coverer store, which is located 90 in the name of the window of Changwon-si.

Since the center line is a road in which the center line is maintained, there was a duty of care to protect the person engaged in driving service and safely proceed with the accident to prevent the accident.

Nevertheless, the Defendant neglected this and went beyond the central line, and was driven by the victim C(52) in the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as an infection in need of medical treatment for about two weeks, while at the same time, the repair cost, such as the exchange of the preceding panion, destroyed the above vehicle to the extent of 535,448 won, 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. Report on the occurrence of a traffic accident;

1. The register of driver's licenses;

1. Screening of the site, etc.;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unnecessary Measures after Accidents) shall be imposed on the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are more severe punishment;