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(영문) 창원지방법원 통영지원 2019.06.12 2019고단187
특정범죄가중처벌등에관한법률위반(도주치상)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

On October 19, 2018, the Defendant was a person engaged in driving BM5 automobiles, and operated the said automobiles on October 19, 2018, and changed the two-lanes to the two-lanes while driving D national highways No. 14 in front of C at SM5.

In this case, a person engaged in driving service has a duty of care to inform the direction change in advance and to change a lane safely by taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this on the left and left, and instead changed the lane from one lane to two lanes on the part of the victim E (the age of 25) who was driven by the victim E (the age of 25) to two lanes, received the part of the driver’s seat wheeler and pentel part on the top side of the above SM5 car.

The Defendant, by such occupational negligence, sustained injury to the victim E, such as light salt in need of approximately two weeks of medical treatment, and suffered injury to the victim G (26 years of age) who was on board the said high-priced car, such as light salt in need of medical treatment for about three weeks, and at the same time, did not take necessary measures, such as destroying the said high-priced car and stopping it to become 637,327 won in total, without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to each medical certificate and specifications of automobile inspection and maintenance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims G with the largest punishment and punishment)

1. Selection of the penalty;

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