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(영문) 창원지방법원 진주지원 2018.07.10 2018고단408
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Aggravated Punishment, etc.") is a person engaged in driving a Cunst-Pacific cargo vehicle.

On November 29, 2017, the Defendant driven the above cargo vehicle around 17:45, and 1745, 1005 Do roads were driven along the straight line of one lane in two roads from the two roads to the two villages.

A person engaged in the driving of a motor vehicle shall not drive the motor vehicle without obtaining a driver's license, and has a duty of care to properly observe the motor vehicle line in a clear spirit, to safely drive the motor vehicle at an appropriate speed and to prevent accidents in advance by safely driving the motor vehicle at an appropriate speed.

Nevertheless, the Defendant, without a driver’s license, neglected to perform such duty of care as drinking, driving, etc. while under the influence of the driver’s license, and neglected to drive the central line, and caused the damaged vehicle to fall off to the flow of the road by neglecting the driver’s license, following the driving of the victim D (58 SP) Dok Dok-Top Cargo (hereinafter “damaged Vehicle”).

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim and the victim F (the 62 years old), who is the passenger of the victimized vehicle, for about two weeks, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (Non-licensed Driving) driving of a vehicle for the traffic of approximately 12 km section from the person G in the Hadong-dong, Hanam-gun without obtaining a driver's license at the time and place specified in the preceding paragraph to the point of time to the person who runs the vehicle for the traffic of approximately 12 km away from the Haak-Pacific G to the Haak-dong, Haak-gun, Haak-gun.

(i) the evidence;

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