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(영문) 창원지방법원 2014.08.20 2014고단1085
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving of B truck.

On April 11, 2014, the defendant operated the above truck on April 11, 201, without obtaining the driver's license, and let the driver turn to the left at the right angle of the shooting distance in front of the building of Samsung-dong Samsung-dong, Samsung-dong, Kim Jong-si.

In such a case, a person engaged in driving service has a duty of care to turn left at a one-lane and to prevent an accident at the left at the same two-lane, but due to occupational negligence, he/she left the right side of the DNA car driven by the victim C (0 years old and older) who is in the right side of the D car driven by the fronter of the said truck at the left-hand part of the said truck and got the victim to suffer from an infection dynasium requiring approximately two weeks medical treatment, and at the same time, he/she has damaged the said vehicle to take the repair cost of KRW 1,147,606 and has stopped immediately and has failed to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 2-7, No. 9-11 to the evidence list submitted by the prosecutor

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, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act (i.e., voluntary mitigation and mitigation)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the automobile insurance was subscribed and agreed with the victim

1. Social service order under Article 62-2 of the Criminal Act;

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