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(영문) 창원지방법원 2016.09.27 2015고단3139
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving CK5 cars.

On October 14, 2015, the Defendant driven the above car at around 17:47, and continued the intersection of the street in front of the E, which is located in Kimhae-si D, from the decentralization to the west of Kimhae-do.

Since there is a yellow on and off-off road, there was a duty of care to prevent accidents by safely driving a person engaged in driving of a motor vehicle by reducing speed and driving the motor vehicle in a safe manner.

Nevertheless, the defendant neglected this and did not keep up at a speed without properly examining the surrounding area, and caused the victim F.F. (73 Does) driving on the right side from the left side of the course of the defendant to go up to the floor by taking the front part of the GU125 V Orala, which is driven by the victim F.(73 Does).

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as the right shouldered salt string, which requires treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as immediately stopping and providing relief to the victim, even though the Defendant destroyed and damaged the above 1,155,000 won, such as the exchange of shocks, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, F, and I;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

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 (the point of escape after the injury of an occupational accident), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the traffic accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that there is considerable negligence on the part of the victim, and the fact that there is no serious injury on the part of the victim).

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