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(영문) 창원지방법원 마산지원 2019.02.12 2018고단1152
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a wing and cargo vehicle B.

On September 16, 2018, the Defendant, without a driver’s license on September 16, 2018, driven the above-wing truck and driven the two-lane of the front road in front of the Seocho-gu, Changwon-si, Changwon-si, Seowon-si.

During that period, the Defendant did not properly look at the rear side and the left side, and changed the lanes into three lanes at the rear side by occupational negligence, and fVL 125cc driving at the rear side by the victim E (E, South and 76 years old). The front part of the FVL 125cc c, which was driven by the victim E, was shocked with the right side of the cargo vehicle.

Ultimately, the Defendant caused injury to the above victim, such as kneee, knee, and tensions and tensions in the detailed part, which require approximately two weeks of medical treatment by occupational negligence as above, and at the same time damaged the above 460,000 won of repair cost.

In addition, the defendant sent the victim to the hospital, but the defendant knew the victim of personal information, such as name, contact information, address, etc., and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written diagnosis of E;

1. Written estimate;

1. The ledger of driver's licenses on the accused;

1. A traffic accident report, a traffic accident actual investigation report, and on-site photographs of the traffic accident;

1. Application of Acts and subordinate statutes to a domain copy;

1. Article 152 subparagraph 1 of the relevant Act on the crime, Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime under Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the inter-crimes and punishments) are heavier;

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