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(영문) 창원지방법원 마산지원 2020.01.10 2019고단1016
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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

B Around 13:05 on September 23, 2019, the Defendant, who is engaged in driving the Oralba, was driving the said Oralba, and was directly driving the D Jeong-gu, Changwon-si C with a road in front of the Changwon-si, Masan-si C as a monthly square from the surface of the Dialba.

In such cases, the driver has a duty of care to prevent accidents, such as driving on the right side and driving in accordance with signals, if the driver well sees the front left side of the road, accurately operates the steering and brakes, and the center line of the road is installed.

Nevertheless, due to the negligence of neglecting the signal and driving along the opposite lane, the victim E, who has dried the crosswalk from the right side of the defendant's proceeding direction to the left side, has the victim go beyond the road, by shocking the upper half of the victim E, who dried the crosswalk from the right side of the defendant's proceeding.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the right-hand high-water salt, etc., which requires treatment for about three weeks, but did not immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to photographs verifying pedestrian signal of crosswalks, such as de facto survey report, diagnostic report, CCTV images editing pictures, off-to-to-soil photographs, signal system maps, and crosswalks;

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

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

1. Article 62 (1) of the Criminal Act;

1. Violation of the reason for sentencing under Article 62-2 of the Criminal Act, such as the probation order, the order to attend a lecture, or the order to attend a lecture, and driving along an opposite lane, and by negligence as a shocking the victim, etc.

An agreement shall be reached in the situation where the defendant vehicle was covered only by liability insurance.

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