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(영문) 창원지방법원 2016.09.20 2016고단2133
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of Cone Star Co., Ltd.

On June 14, 2016, the Defendant driven the above van on the 23:35 on June 14, 2016, and caused the two-lanes of the two-lanes in front of the E cafeteria in D, Changwon-si, to turn to the left from the Myeon Office at the middle of the Myeon Office.

At the time, it was difficult to secure the view at night, so there was a duty of care to check the safety of the course by reducing speed and by properly examining the right and the right of the front side of the motor vehicle, and to prevent the accident by driving the motor vehicle.

Nevertheless, the Defendant neglected to make a left-hand turn at the left-hand turn, and received the part on the left-hand side of the G AWF (28 tax) operated by the Defendant under the new subparagraph, which was the victim F (28 tax).

Ultimately, the Defendant, by the foregoing occupational negligence, sustained injury to the victim, such as salt and tensions, which require approximately two weeks of treatment, and, at the same time, escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, even though the Defendant destroyed and damaged the said vehicle in order to take a repair cost of KRW 2,679,278, such as the exchange of drums (on the divers).

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. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflective and agreed points, the fact that there is no past record of criminal punishment exceeding a fine);

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