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(영문) 창원지방법원 통영지원 2017.11.15 2017고단1285
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person driving a Cknife car.

On July 9, 2017, the Defendant driven the above vehicle around 22:30, and driven the two-lanes of the front side of the intersection, which is located along the south coast of the Gosung-gun, Gosung-gun, Jinnam, with two-lanes of speed from the Chang-si, Chang-si, Chang-si, the Defendant proceeded at about 70km in speed, depending on the two-lanes of speed.

At the time, it was difficult to view at night, so in such a case, there was a duty of care to prevent traffic accidents by accurately manipulating the front door and the right and the right and the right and the right of the driver of the motor vehicle, and by accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim D (67) who walked on the side side of the marina road due to occupational negligence, and did not discover the victim D (67) and was placed on the right side of the Defendant’s car, and received the part of the victim’s right side by the border after the Defendant’s car.

Ultimately, even though the Defendant had the aforementioned D by negligence in the course of business as above, suffered injury, such as the alley executive in need of medical treatment for about 10 weeks, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Reporting on the occurrence of a traffic accident, actual investigation into the accident scene, and photographs of the accident scene;

1. Reports on internal investigation (referring to requests for uniform appraisal between available vehicles and victims), responses to requests for appraisal, investigation reports (specific suspects);

1. Application of Acts and subordinate statutes to certificates of hybrids vehicles;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime and the selection of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. The scope of punishment recommended according to the sentencing criteria; and

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