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(영문) 창원지방법원 2017.11.29 2017고단3255
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for six months.

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 vehicle with Cfachi.

On May 14, 2017, the Defendant tried to change the course into one lane at a two-lane speed between two lanes at a speed of about 90 kilometers in speed at a speed of 199 km in the speed of 199 km at a point in the middle of the speed of an expressway located in the west-gun, Chungcheongnam-gun, Chungcheongnam-do. In such cases, a person who is engaged in driving service has a duty of care to change the lane by operating the direction before and after the change of course, giving prior notice of change of course, and taking into account the traffic conditions before and after the change of course.

Nevertheless, the Defendant entered the front of the victim D's E-turned vehicle immediately in front of the victim D's E-turned vehicle, which is driven by the rapid change of the lane into one lane without operating the direction direction, etc., and the victim D attempted to avoid collision with the Defendant's vehicle upon the closure of the Defendant, thereby getting the center of the above S-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P.

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the former sentence of Article 62-2 of the Criminal Act (unapplication of sentencing criteria: Concurrent concurrence) with regard to the order to attend a lecture or the order to provide community service: Imprisonment;

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