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창원지방법원 2014.09.05 2014고단1258

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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 driver of Daewoo Frima 4.5 tons wing trucks.

On March 23, 2014, at around 00:20 on March 23, 2014, the Defendant driven the above truck, leading to the mistake of the path, led to one wheels while bypassing the E cafeteria operated by the victim D in Kimhae-si.

Since a narrow house has a large number of vehicles parked on both sides of the alley length and the road, in such a case, there was a duty of care to confirm whether a person engaged in driving of the truck is a person on the road, and to accurately manipulate the steering direction and the brake system by accurately manipulating the steering direction and the steering right and the right and the right, and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and went beyond the floor by taking out Gless rocketing car owned by the victim F, as shown in the attached list of crimes, as well as the vehicle owned by the eight victims, which was parked in the same way as indicated in the attached list of crimes, and taking off the above victim D's car outside the restaurant in order to throw away the string and bones oil.

Ultimately, the Defendant, by such occupational negligence, sustained an injury to the said victim, such as salt of the elbow elbow in need of approximately two weeks of medical treatment, and at the same time, 13,637,035 won in total received a total of eight automobiles as indicated in the attached crime log table, and escaped without taking necessary measures, such as making a stop immediately after destroying damaged vehicles to the extent of damage, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1-3, 19, 27, 29-45 to the evidence list submitted by the prosecutor

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;