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(영문) 창원지방법원 2014.03.04 2013고단3206
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for 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 BM5 car.

On September 14, 2013, the Defendant driven the above vehicle at around 06:10 on September 14, 2013, while driving the Cheongju-dong in Kimhae-si along one-lane between the 3-lanes of the 3-lanes of the 3-lanes of the 3-lanes of the 3-lanes of the 3-lanes. The Defendant, due to the negligence of violating the signal, was driven by the victim C (51 years of age) who was straight from the right side of the vehicle in line with normal signal to the left side of the vehicle in line with the normal signal.

Ultimately, the Defendant suffered two parts of the victim’s account requiring medical treatment for about three weeks due to the above occupational negligence, and at the same time, the Defendant did not immediately stop and stop the vehicle with the repair cost of KRW 3,876,061, such as the replacement of the front-wing vehicle and did not take necessary measures, and suffered injury to the victim D (the age of 24) who was on board the front-class of the Defendant’s vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Written statements of D;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on Special Cases concerning the Settlement of Traffic Accidents;

4. former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

5. Discretionary mitigation Criminal Act;

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