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(영문) 창원지방법원 2020.10.06 2020고단2141

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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 B car cars.

On April 14, 2020, the Defendant driven the above car on April 17, 2020 and proceeded along the same as the Dong Office near Gangseo-gu Busan Metropolitan City, according to the Busan Metropolitan City, from the Kim Sea to the Busan Metropolitan bank.

In this case, the driver has a duty of care to maintain and safely proceed with the front vehicle and the proper distance by accurately manipulating the steering direction and brake system by properly examining the flow of the front signal and the motor vehicle flow.

Nevertheless, the defendant neglected this and failed to maintain a safe distance prior to his negligence.

The lower part of the right side of the instant car was received from the victim D(25 years old) 2 wing 2 wing-fwing vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence during about two weeks, and at the same time, the Defendant did not immediately stop the above cargo so that the repair cost of KRW 141,020, such as the transcomponing of the compact discharge lamps, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. The police statement of the victim who has made a court statement;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, intensity, diagnosis certificate, quotation, actual condition survey report, and photographic;

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 (the point of failing to take measures after the accident);

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 main sentence of Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: the nature of the offense is bad, and circumstances favorable to the possibility of criticism is large.