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(영문) 창원지방법원 통영지원 2017.10.20 2017고단1008

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 a vehicle B with low investment.

On April 26, 2017, the Defendant driven the above vehicle around 21:50, and proceeded with two lanes between the two-lanes above the west in the south of Yong-gu, Yong-Nam, Yong-nam, Yong-do, at the south coast, along the two-lanes above the west of the west-do.

At the time, the defendant changed the two lanes from the two lanes to the one lane in order to overtake the victim C (the other, the 41 year old) driving car in the front line while drinking. In the case of the change of the vehicle, the driver had a duty of care to change the vehicle by operating the direction, etc. in order to give notice of the change of the course when the change of the vehicle is made, and by taking into account the traffic conditions at the right and the right and the right and the right and the right and the right and the right and the right and right

Nevertheless, the Defendant neglected to do so and proceeded along the two-lanes, and received the left side portion of the said victim's car running in the two-lanes, behind the left side of the driver's car driving, and received the front portion of the Defendant's low-priced car driving.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt panions in need of medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged party, even though the said car was damaged by the repair cost of KRW 1,353,504.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Photographss of damaged vehicles and photographs of damaged vehicles;

1. The ledger of driver's licenses for each motor vehicle and the registers of each motor vehicle;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

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

1. Imprisonment with prison labor chosen;