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(영문) 창원지방법원 2020.06.12 2020고단613
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 (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are foreigners of nationality of Kazakh and is engaged in driving of BM5 automobiles;

On February 12, 2020, the Defendant driven the above car on 08:01, and became to turn to the left of the D Company from the right edge at the front and right intersection of the Jinhae-gu Seoul Special Metropolitan City at Changwon-si.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents by driving safely such as complying with signal signals and operating the steering and steering system in a safe way by properly operating the steering and operating the steering system.

Nevertheless, the defendant neglected to obtain a driver's license and neglected to make a left-hand turn without obtaining a driver's license, and received the left-hand portion of the FK5 driver's license for the victim E(the 30-year-old driver's license) under the E-5 driver's license by negligence in violation of the signal.

As a result, the Defendant suffered injury to the victim, such as “brain sugar without an open room in head,” which requires treatment for about three weeks by occupational negligence as above, and at the same time, the Defendant destroyed the said K5 car to have approximately KRW 5,450,000 won of repair expenses, and escaped without immediately stopping it, and without taking necessary measures, such as providing relief to the victim.

2. Around 08:01 on February 12, 2020, the Defendant violated the Road Traffic Act (free license) driving of the BM5 vehicle from the 6.6km section from the G building near the Jinhae-gu G building in Changwon-si to the H road near the Jinhae-gu in Changwon-si, Changwon-si without obtaining a driver’s license.

3. On February 12, 2020, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) around 08:01, the Defendant operated a BM5 car not covered by mandatory insurance at approximately KRW 6.6 km section from the G building near the Jin-si, Jin-si, Changwon-si, to the H road near the Jin-si, Changwon-si.

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