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(영문) 창원지방법원 2017.08.25 2017고단2347
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 Bran vehicle.

On May 14, 2017, the Defendant driven the above car at around 00:15, and driven the road of the four-lanes in the vicinity of the window in the Changwon-si, Changwon-si, along the one-lanes in the direction of the Changwon-gu, from the flow of the Gu Cancer-dong.

In this case, since the victim C(n, 43 years old) driver's d-hurged car was stopped in the atmosphere by signal signal, there was a duty of care to prevent accidents by checking the front side well in the vehicle driver's license.

Nevertheless, the Defendant was negligent in neglecting the previous city in the front city, and the Defendant was able to commit the flurged car in front of the said flurged passenger vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered injury to the victim C, such as cloud salt, etc. in need of approximately two weeks of medical treatment, and suffered injury, such as clouds and tensions, which require approximately two weeks of medical treatment from the victim E (46 ). At the same time, the Defendant attempted to escape without taking necessary measures, such as aiding the victim by damaging the c37,819 won following the hurged vehicle.

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. An order to attend a lecture or an order to attend a community service order, after the sentencing of Article 62-2 of the Criminal Act was caused by one injury or injury based on the basic aggravation of the reduction of the types of punishment, sentenced to the special sentencing guidelines for the period from six months to August 1 year to June 1 year to three years: the sentence of recommending the mitigation of punishment (not later than June to one year): A sentence of imprisonment with prison labor for one year.

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