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(영문) 창원지방법원 거창지원 2018.10.17 2018고단179
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a observer car B.

On April 9, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle from around 19:32 on April 19, 2018, proceeded with one lane in front of the Dong village in the Western-ro of the Gyeongnam Development-gun at the right right speed from the west side of the Dong village at the right speed.

At night, at night, she himself/herself is placed at the center of the road at the bend section of the bend section, and there is a center line at the center of the road, so a person engaged in driving service has a duty of care to drive safely without harming the center line by accurately manipulating the front section and the right and the right and the right and the right, and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and instead went through the center line by the negligence, and was found to have been driven by the victim C(80) who was driving in the opposite opposite lane, following the right-hand side of the automobile with the Dialty, and received the pentum part as the top-hand part before the left-hand side of the observer car.

Ultimately, the Defendant, by occupational negligence as seen above, immediately stopped the victim, without taking necessary measures, such as aiding the damaged person, even if the victim suffered bodily injury, such as salt, tension, etc., in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of one copy of a report on the occurrence of a traffic accident, each actual survey report, each on-site photograph of a traffic accident, the ledger of driver's license for a motor vehicle (No. 7 times a

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 (the point of escape after the injury of occupational negligence, the choice of imprisonment), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of unauthorized driving, the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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