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(영문) 창원지방법원 2016.06.21 2016고단1030
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a car of 30 vehicles in B.

On February 11, 2016, the Defendant driving the above car at around 12:20, and driving it at a speed of 60km from the direction of the Gu Community Center in the direction of the Gu Community Center in the direction of the Gu Community Center, along with two lanes in the direction of the new village.

Since it is a tunnel, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to properly manipulate the steering and brakes and prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and got the part of the victim C(54)'s MOB bicycle kn on the left side of the victim C(54) which was proceeding along the two-lanes on the front side of the car above the floor.

As a result, the Defendant suffered injury, such as the mouth of the head of a duct, which requires approximately six weeks of treatment by occupational negligence as above, and at the same time, the Defendant destroyed the said bicycle to have approximately KRW 115,00, and escaped without taking measures, such as stopping and aiding it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury of an occupational accident), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the traffic accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] - The area of special mitigation (from March to October) (the area of special mitigation) - Other crimes in the upper concurrent relationship after traffic accidents, which are used as reference materials (the person who has special mitigation).

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