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(영문) 창원지방법원 마산지원 2014.02.21 2013고단507
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 a DNA dthroop vehicle.

On February 26, 2013, at around 05:10, the Defendant driven the above vehicle and operated a road of about 60-70km in front of the Newwon Industrial Complex, which is located in the Hallan-gun of the Hallan-gun of the Gyeongnam-gun, at the speed of about 60-70km from the side of the valley.

At the time of night, it was difficult to see that there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and safely driving the steering system in order to reduce speed and to ensure that a person engaged in driving a motor vehicle has a duty of care.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle, which was driven by the Defendant due to the negligence of driving the vehicle, left the right side of the victim E (the age of 76) who walked with the vehicle on the right side of the direction of the Defendant depending on the side of the road along which the Defendant was driving.

Ultimately, even if the Defendant suffered injury to the victim due to the above occupational negligence during about 10 weeks of treatment, such as the removal of the body body flag on the left side, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Each written diagnosis;

1. Application of road accident scene photographs, on-site confirmation photographs, and Acts and subordinate statutes governing the skin vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act requires the defendant to rescue the victim despite having caused a traffic accident.

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