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(영문) 창원지방법원 통영지원 2012.11.16 2012고단710
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

1. Around 17:45 on April 21, 2012, the Defendant, on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidents after Accidents), driving a DNA router car for business purposes, and driving a road in front of the center line located in the Rool-dong at the time of the macro-city at the speed of about 30km from the center distance to the Korean line.

Since there has been a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle.

Nevertheless, in order to avoid a vehicle that is driven along the road while neglecting this, the Defendant 5 years old wheeled the victim E(56 years old)'s bicycle front wheel part of the victim E(56 years old) driving, which was driven along the center line, with the left side of the above vehicle, and caused the victim to go beyond the floor.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim, such as salt, tensions, etc., which requires treatment for about four weeks, and at the same time escaped without any necessary measures, such as stopping and saving the victim, even if the Defendant destroyed the said bicycle and damaged it.

2. At around 17:40 on April 21, 2012, the Defendant driven the said vehicle without a driver’s license in a section of about 5 km from around the front of the Defendant’s house located at 18:00 on the same day, following the place specified in paragraphs (1) and (3) from the front of the Cho-dong Round Park-dong, Mapo-dong, Mapo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and G;

1. Application of the relevant photographs and diagnostic reports Acts and subordinate statutes;

1. Destruction and damage of property under 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.

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