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(영문) 창원지방법원 2015.07.16 2015고단1282
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 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 BM5 car.

At around 06:50 on February 11, 2015, the Defendant, at Changwon-si, proceeded to the Do government from the Do government from the Do government of the Do government of the Changwon-si, Sungwon-si.

A driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents.

Nevertheless, the defendant neglected this and neglected to turn to the left on the left side of the front side of the D Bus operated by the victim C who was waiting to turn to the left on the left side of the front side and received the back side of the D Bus as the front side of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as “satisf and tension,” which requires approximately three weeks of medical treatment due to occupational negligence, and at the same time, destroyed the bus to cover repair costs of approximately KRW 5,661,86, and escaped without taking necessary measures, such as providing relief to the victim, while immediately stopping the bus.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

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

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] The area of mitigation (6 to 10 months) (including efforts to recover damage) of the mitigated area after traffic accidents, the area of mitigation (6 to 6 months) [including special mitigation] of punishment (including serious efforts to recover damage] [decision of sentence] 8 months, the suspension of execution two years (in the absence of injury, agreed fact, agreement, reflective circumstance, etc.];

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