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(영문) 창원지방법원 마산지원 2019.09.20 2019고단455
특정범죄가중처벌등에관한법률위반(도주치상)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2019, the Defendant was a person who is engaged in driving a BP car, and operated the said car on January 21, 2019 and continued to drive a D-way road located in Mucompo-gu C at Changwon-si.

At night, commercial buildings pass through a narrow sloping where they are concentrated, and thus, a person engaged in driving a motor vehicle has a duty of care to check whether or not people are living well and to prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded on the road due to negligence without putting the front side, and turned the victim E (the age of 55) on the road, which was standing on the road, over the upper part of the vehicle, and served the victim who continued to go beyond the upper part of the vehicle, from the front wheel to the rear wheel.

Although the Defendant suffered injury, such as a cage of cage cage cage, etc., which requires approximately 14 weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

In this regard, the defendant did not know about the occurrence of an accident and did not know that he had no intention to commit an escape.

However, in full view of the following circumstances admitted by the evidence duly admitted, the defendant seems to have been aware of the fact that he/she did not have any negligence on the part of the victim.

가. 피고인 스스로 좌측 바퀴에서 덜컹거리는 느낌은 있었다고 자인하고 있다

In the first police investigation, it was stated that the police investigation did not feel any sense.

나. CCTV 영상과 이를 캡쳐한 참고사진 등에 의하면 피고인 차량이 피해자를 역과하면서 덜컹거리는 것이 육안으로도 식별되고, 사고 직후 서행하는 모습도 확인할 수 있다.

The police of the defendant.

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