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(영문) 창원지방법원 2016.04.22 2015고단3094
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

The defendant is a person who is engaged in driving a first car in B.

On August 10, 2015, around 03:30 on August 10, 2015, the Defendant, at the Changwon-si, Sungsan-dong, Sungsan-si, Changwon-gu, would proceed to the course from the boundary of the Changwon-gu, Changwon-gu, to the parallel of oil.

At the time, since it is night, the driver is obliged to perform safely by thoroughly performing the duty of care on the front side, and even if there is a duty of care to do so, the driver is negligent in neglecting the duty of care, and thereby, the victim's passenger car's back part of the victim C(37 years old) driving in the front side of the driver's vehicle was received by the victim as the front driver of the defendant's vehicle, and the victim's passenger car was restored to the protective wall installed on the third-lane outer wall of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light fluoral salt, etc. which requires treatment for about three weeks, while at the same time, destroyed the victim’s car by using the back panion exchange, etc., and escaped without taking necessary measures, such as providing relief to the victim, even though it damages the victim’s car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs of the scene of accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The point of escape after the injury resulting from occupational negligence in the relevant legal provision concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to attend lectures under the Criminal Act;

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