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(영문) 창원지방법원 2019.11.21 2019고단1661
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a car in B following flusing.

At around 14:50 on October 5, 2018, the Defendant proceeds bypassing the distance of 900 located at the window of Changwon-si, Changwon-si, using the lane that is located in the direction of the Eup box to C village from the direction of the Eup box.

The defendant, who is engaged in the business of driving a motor vehicle, has a duty of care to safely drive the motor vehicle according to the lane by checking well the front left.

Nevertheless, the Defendant neglected this and caused the damage to the center line of the entry lane, which was driven by the victim D(33 years of age) who was in the atmosphere of the signal from one lane to the opposite direction, to shock the front part of the vehicle by the eM3 vehicle, and caused the shock to the front part of the vehicle, which was driven by the victim F (F (W, 57 years of age) who was in the traffic at the right right side of the said SM3 vehicle, which was pushed by the eM3 vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D, such as salt, tensions, etc., in which approximately three weeks of medical treatment is required, and the victim F suffered injury on the shoulder gate, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time, the victim D’s above SM3 Motor Vehicles amounting to KRW 6,922,870 of repair cost, and the victim F’s above SM3 Motor Vehicles amount to KRW 205,040 of repair cost. However, without taking measures such as aiding victims, the Defendant destroyed the above LM3 Motor Vehicles owned by the victim F to the extent that the repair cost is equivalent to KRW 205,040, the Defendant left the above LM3 Motor Vehicles on the road and escaped without leaving it on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, H, I, and J;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. After accidents under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act regarding criminal facts.

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