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(영문) 창원지방법원 밀양지원 2017.12.14 2017고단501
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 C-A-hurd motor vehicle.

On August 22, 2017, the Defendant: (a) driven the said vehicle without a driver’s license on August 22, 2017; (b) moved the two-lanes into the site between the two-lanes in the vicinity of the Manpo-gun’s rest area located south-gun, Gyeongnam-gun; (c) while driving the two-lanes from the mountain to the site, the Defendant changed the two-lanes to the first lane in order to pass the vehicle by the victim D(46 aged) who is going on the front side of the vehicle of the Defendant.

At night, the above road was a bend road at night, and in such a case, the driver had a duty of care to safely drive the front road and prevent accidents in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it was, and the Defendant received the left rear wheel part of the passenger car in the two lanes prior to the Defendant, which is going on the two lanes prior to the Defendant.

As a result, the Defendant, by negligence in the above occupational negligence, inflicted injury on the victim D, such as salt, tensions, etc. on the chills that need to be treated for about three weeks, suffered from the victim F (5 years of age) who was aboard the said damaged vehicle about two weeks of light chills, tensions, etc., which require to be treated for about two weeks of light chills and tensions, and at the same time, destroyed the above spaging car to be damaged to be 3,31,768 won, such as the exchange of spags, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after the injury or injury caused by traffic) and the Road Traffic Act as to the crime.

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