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(영문) 창원지방법원진주지원 2020.12.17 2020고단795
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, and a violation of the Road Traffic Act is a person engaged in driving of low-priced passenger cars;

On July 9, 2019, around 16:58, the Defendant changed the road near the Jincheon-si, Sacheon-si into the left-hand one-lane while driving the two-lanes directly from the Jincheon-si.

At the same time, the victim C(L, 52 years old) driver's D rocketing passenger car was under direct operation.

In this case, a person engaged in driving duty has a duty of care to care in preventing accidents by accurately manipulating the steering direction and brakes well, and accurately manipulating the steering direction and brakes.

Nevertheless, due to the negligence of moving to the left-hand left-hand lane, the head side of the damaged vehicle was shocked on the side of the driver's seat.

As a result, the Defendant committed an occupational negligence in order to inflict an injury on the victim, such as salt, tension, etc., which requires approximately two weeks of treatment, and at the same time destroyed the damaged vehicle with property worth approximately KRW 77,00,000 of repair cost, and left the scene without taking any measures.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

At the same time as in Paragraph 1, the Defendant operated the said vehicle without mandatory insurance in a section equivalent to about 34 kilometers from Jinju-si to Jincheon-si Do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. On-site photographs, report on traffic accidents, actual condition survey reports, mandatory insurance policies, photographs of damaged vehicles, photographs of the suspected vehicles, and estimates;

1. Application of Acts and subordinate statutes of each report on internal investigation (the No. 4, 5 of the evidence list);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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