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(영문) 창원지방법원 진주지원 2015.08.11 2015고단236
특정범죄가중처벌등에관한법률위반(도주차량)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 of a C Poter cargo vehicle.

On November 20, 2014, the Defendant driven a above cargo vehicle at a speed of 06:20 on November 20, 2014, and led to the flow of one-lane road in front of the valley village in the gallle of Sacheon-si, which is located in the gallle of Sacheon-si.

At the time, there is a night and a place where there is no distinction between the roadway and the delivery. In such a case, there was a duty of care to see the front side as a person engaged in driving of a motor vehicle and to safely check the pedestrian well.

Nevertheless, the defendant neglected this and proceeded with the victim D (73 years old) who was faced with the defendant's cargo vehicle facing each other according to the road side on the right side of the defendant's proceeding direction due to the negligence in the course of his duties, which is going on by the defendant's negligence, without looking at the right side of the road.

As a result, the Defendant suffered injury to the victim, such as pressure pressure pressure 2, which requires approximately 12 weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant stopped immediately while destroying and damaging the unclaimed fingers at the market price, which is the victim, and escaped without taking necessary measures to rescue the victim or prevent danger on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident or a report on the occurrence of a traffic accident;

1. On-site photographs, chassiss, registers of driver's licenses, and internal investigation reports (with respect to whether a vehicle involved in an accident is driving or not, and mobile bordering fees);

1. Application of Acts and subordinate statutes to medical certificates and reports on serious injuries;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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