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(영문) 창원지방법원 2018.04.19 2017고단4247

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 2 cargo vehicles.

On October 20, 2017, the Defendant operated the above cargo vehicle around 22:07, and proceeded along the two-lane road in front D in Kimhae-si, Kimhae-si, according to the two-lane in front of D, which is located in Kimhae-si, from the border of the front road to the boundary of the new road, and changed the two-lanes.

At night, when a person engaged in driving service changes a vehicle line, he/she has a duty of care to operate direction direction, etc. to give prior notice of change of course, and to change the vehicle line in the manner of changing the vehicle line in the front and rear traffic situation.

Nevertheless, the Defendant neglected this and changed the vehicle line from the first lane to the second lane, and the victim E(27) driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver'

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and at the same time, destroyed the victim’s car to take repair costs equivalent to approximately KRW 1,153,138, and escaped without taking necessary measures, such as aiding and abetting the damaged person by stopping the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on internal investigation (specific description of the person in question);

1. Each investigation report (Attachment of photographs of the victim and a diagnosis report on the victim);

1. 112 Reporting case handling table;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment