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(영문) 창원지방법원 마산지원 2019.09.03 2019고단622
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The defendants are those engaged in driving of BK5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On May 2, 2019, the Defendant driven the above vehicle without a driver's license on May 13:3, 2019, and driven the C Village from the Do-Eup side to D.

Since there is a place where the center line of yellow solid lines is installed, the center line shall not be invaded on the driver of the vehicle, and the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front line and the left and right, and by accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected this and found late 130 vehicles of the victim E (the 38-year-old driver) driving on the road due to the negligence of driving the central line in order to overtake the vehicle that is going on the front side, and received the F 130 vehicle from the left-hand side of K5 vehicle, and caused the victim to rapidly stop.

As a result, the Defendant suffered tensions and salts, such as softs, in need of treatment for about two weeks due to such occupational negligence, and at the same time, the repair cost, such as interroper exchange, destroyed 130 vehicles to the extent that 472,446 won was damaged, and escaped from the site without immediately stopping and taking necessary measures.

2. On May 22, 2019, the Defendant driving the said K5 vehicle without a driver’s license in the street section from the front G at the 10:00 macroscam to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on traffic accident 1 (Report on Actual Situation);

1. A medical certificate;

1. Written estimate;

1. Photographs related to accidents;

1. Application of the Acts and subordinate statutes to investigation reports;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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