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(영문) 창원지방법원 2015.12.10 2015고단2541

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a Cren car.

On June 1, 2015, at around 18:25, the Defendant, along the four-lanes, proceeded ahead of the decline3 road in the window of Changwon-si, Changwon-si, along one-lanes, at an indefinite speed.

In such a case, the driver had a duty of care to properly manipulate and drive the steering gear and steering gear.

Nevertheless, the Defendant neglected this and tried to change the lane from one lane to two lanes, waiting for the signal at one lane on the front side, and was driven by the victim D while stopping, with the front part of the EM5 vehicle left ahead of the said car.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks, and, at the same time, escaped without taking necessary measures, such as aiding and damaging 850,83 won in repair cost exchange, etc. while destroying and damaging the said SM5 vehicle to the back offender exchange, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement on the occurrence of a traffic accident in DNA;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of issue 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it is against the law, the fact that the injury is not much serious, the fact that the automobile comprehensive insurance is subscribed, and the fact that there is no past record of criminal punishment exceeding the fine);