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(영문) 창원지방법원 2017.12.14 2017고단3657
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving B 124cc SL125S Oral.

On September 14:58, 2017, the Defendant driven the above Obaba, and got to turn to the left at the right of the road of one-lanes from the lubba-distance Intersection through the luba-dong Scambabari-dong which is located in the Gibadong-si, Kimhae-si.

The above intersection had a duty of care to prevent accidents by making it possible for a person engaged in driving a motor vehicle to live well on the right and the right of the front side, and driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in contravention of the signal and got the victim to go back to the right by crossing the DGTS300 EVO Ora, which was driven by the victim C(31 Do) who was normally going to go to the right by the maTS300 EVO Ora in close vicinity of the collision, thereby getting the victim to go to the right-hand side in order to avoid the collision.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and, at the same time, destroyed the victim’s c,780,000 won for repair, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

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 from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the 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. Grounds for sentencing under Article 62(1) of the Criminal Act 1.

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