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(영문) 창원지방법원 마산지원 2018.05.30 2018고단358
특정범죄가중처벌등에관한법률위반(도주치상)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 engaging in driving a BMW car.

On January 21, 2018, the Defendant driven the above vehicle at around 20:08, and was waiting at the vehicle line exclusively for left-hand turn at the Masan-gu Masan-gu Masan-gu Masan-si.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and went through a hand-on box in the front of the Defendant’s vehicle, thereby conflicting with the DST5 passenger vehicle driven by the victim C(39) who was waiting for the signal in front of the Defendant’s vehicle with the front part of the Defendant’s driving vehicle. Since then, the said vehicle was driven by the Defendant’s occupational negligence going through a speed pedal, and the said vehicle was driven by the Defendant’s driving of the victim E (36 years old) who was waiting for the signal.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C in need of approximately three weeks on the part of the victim C, on the left-hand sponsed salt spons, etc. requiring a three-day medical treatment, on the part of the victim E, on the part of the victim G (V, 42 years old), on the part of the above SM5 vehicle, on the part of the victim G (V, 42 years old), on the part of the victim H (V, 33 years old), on the part of the above spacked car, on the part of the victim H (V, 5 years old), on the part of the victim H (V, 2,200,00 won for repair expenses, and on the other part, on the part of the above sM5 vehicle to repair expenses, and on the part of KRW 2,610,346 for the above spacked vehicle, and did not immediately stop and take necessary measures to rescue the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. The actual survey report and photographs related to traffic accidents;

1. Each written diagnosis;

1. A written estimate for the cost of insurance repair, a certificate of acceptance of automobile-scrapping, and a table of heavy market prices;

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