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(영문) 창원지방법원 2016.07.05 2016고단1360
특정범죄가중처벌등에관한법률위반(도주차량)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

Criminal facts

The defendant is a person who is engaged in driving a CM7 car.

On May 1, 2016, the Defendant driven the above car at around 19:00, while driving the car, which is located in D in Kimhae-si, with a three-distance distance from the 7th three-distance off of the lower-class, the Defendant driven the car at around 19:0 to the air conditioners.

At the time of the defendant's operation, Gone Star, which was driven by the victim F (58 cm) on the front of the defendant, was in progress, and thus, the driver of the vehicle had a duty of care to closely examine the situation of the front line and to maintain the safety distance with the preceding vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, and failed to find it difficult to reduce the speed in order to turn to the left, and proceed without finding out that the said scoke is the front part of the above sM7 passenger car.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim F, such as salt, tensions, etc., in which approximately two weeks of treatment is required, and suffered injury to the victim H (the 56-year old-age-old-age-age-age-age-age-age-age-age-of-age-age-age-of-the-counter treatment for about two weeks, and escaped without taking necessary measures, such as aiding and damaging the repair cost of KRW 2,839,802, while stopping the said Cost-of-age-of-life-age-of-life-age-of-life-age-of-life-age-of-life-age-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Written estimate of repair costs;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of each occupational accident), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of non-measures after the traffic accident) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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