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(영문) 창원지방법원 마산지원 2015.03.03 2015고단28
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) is a person who drives a motor vehicle by obtaining a franchise;

On December 27, 2014, the Defendant driven the above car at around 00:45, and proceeded with two lanes prior to the west-gun of the Halleung-gun, Halleung-ri, in the front of the Blue apartment, the two-lanes of the two-lanes of the Blue Apartment Office, depending on the 40km of the Sin-do Office.

At the time, there was no street lamps in the vicinity, and therefore, there was a duty of care to live well in the front and to prevent accidents in advance by driving a person engaged in driving a motor vehicle.

Nevertheless, the Defendant did not find out the fact that the victim D(52 years of age) is walking at the above two-lanes located in the front of the foregoing two-lanes due to negligence when he neglected his duty at the front of the foregoing vehicle, and the back part of the victim's head was faced with the lower part of the front glass of the foregoing vehicle, and the lower part of the victim's head fell into the road floor.

Ultimately, even though the Defendant suffered from a blood cerebral brain injury requiring medical treatment for about 12 weeks due to occupational negligence, the Defendant left the vehicle immediately and escaped without taking measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of a C-do motor vehicle within about 4 km from the front of the E-ice apartment located in the Haak-gun, Gyeongnam-gun without obtaining a temporary driver’s license in accordance with paragraph (1) to the front of the above apartment, via the L-dolwon Dolwon, etc. located in the same Dolwon located in the same Dolwon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. An inquiry into the driver's license ledger;

1. Application of Acts and subordinate statutes to medical opinions and medical certificates;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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