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(영문) 창원지방법원 2018.09.14 2018고단1986
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 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 a low-priced car.

On April 29, 2018, the Defendant driven the above car on April 15:37, 2018, and was in Kimhae-si C, and was driving in the direction of the new elementary school in the direction of the two lanes in front of the D cafeteria.

At the time, the Defendant, prior to the same direction, was followed by a Funching car driven by the victim E (55). In such a case, the Defendant had a duty of care to secure and proceed a safe distance in preparation for the case where the vehicle driven on the front side is stopped by the driver of the vehicle.

Nevertheless, the Defendant neglected this and discovered a person who illegally crosses the vehicle without permission due to the negligence close to the rocketing car and stopped the vehicle, and received the front of the vehicle with the highest strawer driving by the Defendant.

As a result, the Defendant suffered injury to the above victim due to such occupational negligence during approximately two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as aiding and abetting the damaged party while destroying and damaging the rocketing car to the extent of approximately KRW 1,233,000 of repairing cost, such as the back of the rocketing car exchange.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (do referred to as "main sentence") 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 Competition;

1. Imprisonment with prison labor chosen;

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

1. After the sentencing of Article 62-2(1) of the Criminal Act on the order to attend a lecture or the order to attend a community service order was injured by one injury, which is the basis of the reduction of the classification by types, the sentencing guidelines for the special sentencing guidelines between six months of escape and eight months from January to June 1 from June 1 to three years: the relevant recommendation sentence that no one falls.

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