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(영문) 창원지방법원 2015.05.12 2014고단3564
특정범죄가중처벌등에관한법률위반(도주차량)등
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

Criminal facts

The defendant is a person who is engaged in driving a car at a horse at C.

On November 25, 2014, around 00:03, the Defendant came to go straight from the direction of the front intersection of the name square, along four-lanes in front of the distance of the E Hospital, in D, which is located in the window of Changwon-si, Changwon-si.

At this point, the first, second, and third lanes are divided into two straight lanes and the fourth two lanes are installed as bypassing lanes, and thus, the driver of the motor vehicle has a duty of care to safely proceed with the first, second, and third lanes in cases where the driver of the motor vehicle is in a straight line with the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and went through a fence installed at the edge of a pedestrian island and passed through the pedestrian island by negligence in the course of duty, which proceed along four-lanes, without neglecting it, and passing through the road to the right side of the road on the front side of the road. The Defendant received the front part of the vehicle waiting to go to the left side of the road on the right side of the road of the victim F (28 years old) who is waiting to go to the right side of the road on the front side of the horse at the front part of the vehicle above, suffered an injury to the victim, such as light cryp, etc. in need of treatment for about two weeks at the right side of the horse at the same time, and at the same time, destroyed the said rocketing car to take approximately KRW 181,300 of the repair cost, and escaped without immediately

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment], the area of mitigation (6-10 months to 6-10 months) (special mitigation) after traffic accidents.

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