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(영문) 창원지방법원 2015.08.25 2015고단1705
특정범죄가중처벌등에관한법률위반(도주차량)
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a CM3 car.

On April 25, 2015, around 20:50 on April 25, 2015, the Defendant continued to pass one-way road adjacent to the Bank of Korea shooting distance located in the new line of Changwon-si.

At that time, the victim D(65 years of age) was punished by the defendant as the parking fee problem, and the door of the above car, so there was a duty of care to safely drive the vehicle with the victim's well-being and safely prevent the accident by sending the signal so that it can be cut off at a distance from the vehicle.

Nevertheless, the defendant neglected this and caused the victim who was suffering from the road due to the negligence of leaving the said car rapidly on the ground that there was a problem of parking fees.

Ultimately, even though the Defendant suffered injury, such as cerebrovasin, which requires medical treatment for about three weeks, due to such occupational negligence, the Defendant stopped immediately and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic field (8 to 1.6 months) of the first type (the escape after the bodily injury) (the special sponsor) (the special sponsor): - Unfavorable circumstances: A considerable distance after the victim started the vehicle immediately in the state where the vehicle is her even with the vehicle, and the victim who did not have even the sponsor of the vehicle is likely to be subject to criticism as a matter of which the victim suffered injury because he/she left the road along with the vehicle.

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