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(영문) 창원지방법원 진주지원 2014.08.27 2014고단603
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2014, the Defendant, who is engaged in driving a motorcycle C, was driving on the 81-way road in front of the Korean Peninsula in South-west, South-west, South-west, South-west, South-west, and driving on the west, North-west, South-west, North-west, North-west, North-west, North-west, North-do

In this case, the defendant, who is engaged in the driving of a motorcycle, has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear in a way that he well sees the front seat, and thus, he has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the left part of the victim D (the age of 77) who walked along the bend part of the above motor vehicle driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury, such as scarke, etc. requiring medical treatment for about four weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victim, and escaped as it is.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Statement to E by the police;

1. Written statements of D;

1. A traffic accident report;

1. A general medical certificate;

1. Application of statutes on site photographs;

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;

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

1. The crime of this case on the ground of sentencing under Article 62(1) of the Criminal Act was committed on the ground of the suspended execution of sentence. The crime of this case was committed by the defendant without taking necessary measures, such as aiding and abetting the victim while driving a motorcycle, resulting in the victim who walked along the crosswalk, and thereby resulting in the victim requiring medical treatment for about four weeks. However, the case is not easy, but the defendant committed the crime.

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