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(영문) 창원지방법원 2014.02.12 2013고단2758

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

On May 25, 2013, the Defendant is a person engaged in driving CM3 motor vehicles, and is driving an access road to Changwons 2 tunnel, which is located in the Hosan-gu Mocheon-gu, Changwon-si, Sungwon-si, Changwon-si, Changwon-si, one-lane from the side of the public-private tunnel to Changwons 2 tunnel.

Two-lanes have changed in course.

In such a case, the defendant has a duty of care to inform the direction change in advance and to change the lane safely by taking into account the traffic situation of the front and rear left.

Nevertheless, the defendant neglected this and got a car of the victim D(23 years old) driving with two lanes due to the negligence of changing the course.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as seen above, such as spatitis and tension which require about five weeks of medical treatment, and at the same time, destroyed the victim vehicle to have approximately KRW 1,531,976 of repair cost, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. On-site photographs of traffic accidents;

1. A medical certificate;

1. Written estimate of damaged vehicles;

1. Application of Acts and subordinate statutes to a report on investigation (based on the recycling of black boxes);

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, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act leads to the instant accident resulting in human and physical damage, and the criminal liability is grave, the degree of the victim's injury is not minor, and the victim is the victim.