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(영문) 창원지방법원 통영지원 2013.09.26 2013고단486
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM car.

On February 9, 2013, around 05:55, the Defendant driven the above vehicle and proceeded at a speed of about 70 km at a speed of 50 km in accordance with the two-lane national highways in front of F&M (TM) in front of F&M in a macro-scambing.

At this time, the defendant changed the two lanes from the two lanes to the one lane, so in such a case, the defendant has a duty of care to inform the direction change in advance and to prevent accidents by safely changing the lanes while keeping the traffic situation of the front and rear left well.

Nevertheless, the Defendant neglected to do so and was driven by the victim D (year 46) who was under normal driving in one lane due to the negligence of changing the lane to the one lane, and received the part of the rocketing part behind the right side of the vehicle driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim F (the 43 years old), victim G (the 14 years old), and H (the 19 years old) in need of approximately 3 weeks of medical treatment, and escaped without immediately stopping a rocketing car so as to lead to the unrepair of the repair cost, and without taking any measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Photographss related to traffic accidents;

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

1. 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 concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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