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(영문) 창원지방법원 2017.02.02 2016고단1223

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant A shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. Defendant B (Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) driven by the EFD car on September 21, 2015, around 20:06, the Defendant continued to drive a two-lane road in front of the G convenience store located in Kimhae City F in Kimhae City at approximately 46km from the side of the side of the livestock industry at the side of the side of the city at the speed of the efkm.

At the time, there were nights, and the convenience stores, restaurants, pharmacies, bus stops, etc. are located both in and around, and the passage of vehicles and pedestrians is frequent in the vicinity of the crosswalks, and there are many drivers who want to board buses as they are going out of time, and thus, a driver of a motor vehicle has a duty of care to reduce speed and prevent accidents by carefully examining the road conditions in the front bank and the driving of the road.

Nevertheless, the Defendant neglected this and did not discover the victim H (Y, 57 years old) who crosses the above road on the right side from the left side of the front bank in order to board a marina bus due to negligence in the course of the business, which is going through without thoroughly examining the surrounding area, and without finding out the victim H (V) who was going to the right side of the front bank, and was going to go beyond the floor of the victim by receiving the victim from the left side of the above Rad-car.

A's head and body length of the victim who had been driving beyond the floor of the I SM5 passenger vehicle was over the wheels of the victim, and the victim was killed due to multiple long-term damage.

2. Defendant A [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.)] driven an I SM5 vehicle on September 21, 2015 at around 20:06, the Defendant continued the two-lane road from the G convenience store located in Kimhae CityF to the speed of about 50 km from the surface of the agricultural bank in the state of the village of the State.

At the time, there were nights, and the convenience stores, restaurants, pharmacies, bus stops, etc. are located in both sides, and crosswalks are located in neighboring areas, and the passage of vehicles and pedestrians is frequent, and the passage of buses is frequent.