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(영문) 창원지방법원 2020.05.12 2020고단205

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 person who is engaged in driving of the B stife car.

On December 1, 2019, the Defendant driven the above body-man car on December 21, 2019, and moved to the direction of the Djudo Office in the direction of the Djudo Office Park.

At that time, since the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly drive the motor vehicle at the front and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and got penter from the direction of the victim E (the 51-year-old taxi driver) driving in the direction of the opposite to mail by neglecting it, and received penter from the front of the above penter car.

Ultimately, the Defendant by such negligence inflicted injury on the victim E, such as catitis, which requires a medical treatment for about two weeks, and sustained injury on the catitis, tensions, and tensions, which require a medical treatment for about two weeks to the victim G (53 years old), who is the passenger of the said taxi, and at the same time, did not immediately stop the said taxi to the extent that it damages approximately KRW 2,847,316, and runs away without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. A report on the occurrence of a traffic accident, a actual condition survey report, a photograph, a diagnostic certificate, a video restoration analysis report, and a written estimate;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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 committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The fact that the accident of Article 62(1) of the Criminal Act is not large and the agreement is reached with the victim;