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(영문) 창원지방법원 밀양지원 2014.02.06 2013고단565
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a gallon or cargo vehicle.

At around 19:30 on October 21, 2013, the Defendant driven the above vehicle and proceeded along a two-lane road in the direction of the Si/Gun/Gu office to the port of Song-dong, instead of open-air and open-air and open-air roads in the direction of the Si/Gun office.

Prior to the same direction, since the victim C(n, 33 years old) followed the DEX car driven by the victim C, there was a duty of care to prevent accidents by accurately manipulating the brake and steering gear.

Nevertheless, the defendant neglected this and proceeds as it is, and received the back portion of the above X-ray car as the front portion of the cargo vehicle that the defendant drives.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim with salt and tension in need of medical treatment for about two weeks, and at the same time, the repair cost of KRW 2,139,329, such as replacement and maintenance of back panions, did not immediately stop the above EX car to the extent that it damages the above EX car and runs away without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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