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(영문) 창원지방법원 거창지원 2019.09.11 2019고단221
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a sports cargo vehicle B in the context of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 24, 2019, the Defendant driven the above cargo vehicle at around 19:55, and moved to the road by moving the vehicle from the front of the D cafeteria located in G, Gyeongnam-gun, by moving the vehicle to the front of the D cafeteria, which is located in C.

In such cases, the driver of a motor vehicle has the duty of care to ensure that the driver is scheduled to enter the road by operating direction, etc., and if it is likely to obstruct the normal passage of the motor vehicle driving in the direction of intended entry, it is necessary to safely enter the road, such as not entering the road and prevent accidents.

Nevertheless, if the defendant neglected this and runs down the road above the course due to negligence, the defendant operated the steering gear in order to avoid the collision with the above cargo vehicles by the victim E (the 60-year-old-old-age-old-age-old-age-old-car) driving, which was under normal direction from the surface of the bank, and got a dick to the right side of the direction.

The Defendant, due to the above occupational negligence, sustained injury to the victim E, such as a scambling of a scke wall that requires approximately two weeks of medical treatment, and suffered injury to the victim G (62 years of age) who was on board the said vehicle, such as salt, tension, etc. of a shoulder pipe that requires approximately two weeks of medical treatment, and escaped without taking necessary measures such as providing relief to the victims, etc.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was brought back by the Defendant, on May 24, 2019, while driving the above cargo on the front of the entrance of the H national highway of the Gyeongnam Development-gun, which is the H national highway of the Gyeongnam Development-gun.

In such cases, it is necessary to confirm the safety of the course by checking the right and the right and the right of the driver of the motor vehicle well and proceed on the road.

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