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(영문) 창원지방법원 통영지원 2017.05.18 2017고단256
특정범죄가중처벌등에관한법률위반(도주치상)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 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 B-learning car.

On November 27, 2016, the Defendant driven the above car at a speed of 17:30 on November 27, 2016, and moved the D farm road in order to a speed of about 30 km in the direction of the city in the direction of the original city from the Joh-gun.

Since the location is the road that combines with the national highways and the farm roads with which vehicle traffic is frequent, the driver of the vehicle has the duty of care to yield the course to the vehicle by properly examining the traffic situation of the road to be entered when intending to enter from the farm to the national highways and national highways.

Nevertheless, the Defendant neglected this and avoided the national highways from the farm road to the right-hand side while bypassing it, and the F Poter Cargo driven by the victim E (V, 68 years old) who was driven by the victim E (V) who was on the left-hand side, operated by the Defendant in order to avoid the Defendant’s car and shock, and caused the shock absorption of the starting point on the right-hand side to the front part of the freight.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim E, such as cutting the bones of sons, which requires approximately two weeks of medical treatment, and at the same time, did not take necessary measures such as aiding and abetting the damaged person, even though the Defendant damaged the property equivalent to KRW 4,368,024 of the repair cost of the Poter freight and the shock absorption absorption tank repair cost under the management of the Jinju National Land Management Office, which is equivalent to KRW 680,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on the actual situation at the scene of the accident (1), (2), and a photograph on the scene of the accident;

1. A medical certificate;

1. Application of each written estimate for repair;

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 from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Imprisonment with prison labor chosen;

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