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(영문) 창원지방법원 2013.05.21 2012고단3785

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On October 4, 2012, the Defendant, who is engaged in driving of Cran XG car, was driving the road front of the entrance of the landing tunnel, which is located in the direction of the Jindo-gu, Jingu, Jindo-si, Changwon-gu, Changwon-si, Seoul, at the right side.

In this case, the defendant had a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, by negligence of driving a vehicle without neglecting it, the Defendant continued to proceed after receiving the back part of the left side of the victim D(61 years old) drive E 1 ton of the cargo loaded in the passenger vehicle in the same direction as that of the Defendant’s vehicle driving direction from the Defendant’s vehicle to the right side side part of the Defendant’s vehicle, etc., and received the part behind the victim’s G E-H car’s G E-H car driving driven into the right side of the Defendant’s vehicle in front of the lower part.

As a result, the Defendant suffered from the victim D and Ha (n, 58 years of age) by occupational negligence as above, around three weeks of light base and tensions, etc., and at the same time, destroyed the above cargo vehicles owned by the victim H to have approximately KRW 409,00 of repair cost, and escaped without taking measures such as providing relief to the victim immediately, even if the repair cost is damaged to have approximately KRW 554,000 of repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to each written diagnosis, written opinion, and written estimate;

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 by applicable law;

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

1. Selection of each alternative fine for punishment;

1. Article 37 of the Criminal Code among concurrent crimes.