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(영문) 창원지방법원 2017.05.24 2016고단4529
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2016, the Defendant was a person engaging in driving C wing trucks, and, on September 23, 2016, around 08:45 on September 23, 2016, the front front of the road D located in Seongbuk-gu, Seongbuk-gu, Seongbuk-si, in a non-speed speeding from three lanes to the new village square, and changed the two lanes to the two lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to identify and safely proceed with the safety of the way by giving prior notice of change of course and by properly examining the right and the right before and after the change of course.

Nevertheless, the Defendant neglected this and failed to discover the G truck of the victim F driver, who was in line with two lanes in the same direction as the last course, caused the part on the left side of the victim's vehicle to be loaded on the left side of the victim's vehicle. In addition, the Defendant received the part on the left side of the victim's H (24 tax) driver's vehicle operating in the front of the above F driver's vehicle, which was in line with the above F driver's vehicle, as the part on the left side of the driver's vehicle.

The Defendant damaged the victim F’s vehicle to repair KRW 450,00,000 for occupational negligence as above, and suffered injury to the victim H, such as salt panions requiring approximately two weeks of treatment, and at the same time, destroyed the victim H’s vehicle by exchanging the vehicle in front of the vehicle in front, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1 made by the police with H, and statement of the occurrence of a traffic accident by the F;

1. Medical certificate (H);

1. A traffic accident report, etc.;

1. Written estimate for automobile maintenance;

1. Destruction of the skin or damaged vehicle;

1. Application of Acts and subordinate statutes to each investigation report (with respect to the attachment of photographs of damaged vehicle booms, and with respect to the repayment of G damage);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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