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(영문) 창원지방법원 통영지원 2014.07.03 2014고단387
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a K3 car.

On May 4, 2014, the Defendant driven the above vehicle at around 06:40, and led the front of the solar fishing road, which is controlled at the beginning of the string of the string, to proceed along the two-lanes from the rooftop to the beginning of the string.

At the same time, since the DNA Mt Motor Vehicle driven by the victim C(the age of 42) was stopped in the signal atmosphere, the driver of the motor vehicle has a duty of care to reduce the speed and maintain the safety distance and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the part of the front part of the said K3-car as the front part of the said K3-car.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the injured party, such as fluoral salt, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the car and taking necessary measures, such as providing relief to the injured party, even though the Defendant damaged the car to have an amount equivalent to KRW 1,532,243, such as the exchange of the fluoral wave.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report (1), (2);

1. Each photograph;

1. A medical certificate;

1. Application of written estimates for automobile inspection and maintenance;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the victim does not want the punishment of the defendant by the unanimous agreement with the victim and the damage of the victim is relatively minor).

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