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(영문) 창원지방법원 마산지원 2018.07.10 2018고단441

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 who is engaged in driving of BM5 vehicles.

On April 5, 2018, the Defendant driven the said car at around 19:00, and passed it to the “self-owned apartment” on the side of the “self-owned apartment,” after driving the said car at around 19:0,00, bypassing it through the broad-distance Intersection in the valley of the Clinnam-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, an Eup.

Since there is a center line of yellow solid lines, the driver of the motor vehicle has a duty of care to safely proceed to the right side of the center line.

Nevertheless, the Defendant neglected to do so while driving a bypassing the center line, and caused the negligence of driving the center line to go as one-lane to the direction of the Defendant’s proceeding. However, the Defendant received the part of the driver’s seat in front of the driver’s seat and the pentel part of the Defendant’s car driving seat in the victim C (Y, 63 years old) driving.

Defendant: (a) due to such occupational negligence, inflicted injury on the victim C, such as “finites and tensions,” which requires approximately 3 weeks of medical treatment; (b) suffered injury on the victim E ( South and 69 years old) who is the finite passenger of the said finite passenger car, including “finites and tensions,” which requires approximately 2 weeks of medical treatment; and (c) at the same time, 907,53 won of the repair cost, such as exchange of the said finite passenger car, was destroyed by accompanying the said finite passenger car, but failed to immediately stop the said finite passenger car to check the degree of relief and damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. On-site photographs of traffic accidents, black stuffs, and video materials;

1. Application of two copies of a written diagnosis and written estimate of insurance repair costs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question; Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the object) respectively.