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(영문) 창원지방법원 통영지원 2019.03.21 2018고단1211
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

The defendant is a person who is engaged in driving a Bio car.

On September 19, 2018, the Defendant driven the said car on September 23:15, 2018, while driving the said car, led to the passage from the side of Aju to the parallel of the west.

At the time, since the driver was at night at the time, there was a duty of care to prevent accidents in advance by accurately manipulating the operation and steering gear of the driver.

Nevertheless, the defendant neglected this and got the back portion of the victim E(35 years old) driving, waiting for the signal in front of the direction of the running of the marina car, which was driven by negligence of the defendant.

As a result, the Defendant suffered injury to scoos, etc. in need of treatment for about two weeks by occupational negligence as above, and at the same time, scoos car was damaged to fall under KRW 3,629,304 of the repair cost and escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E and G;

1. A traffic accident report;

1. Photographs of the damaged vehicle;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning estimates of repair costs;

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 of failing to take measures 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. The crime of this case committed in the course of the crime of this case, which caused a traffic accident by negligence during the period of sentencing under Article 62(1) of the Criminal Act, and escaped without any ex post facto action, is not the case.

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