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(영문) 창원지방법원 2013.12.17 2013고단2208
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On July 22, 2013, the Defendant driven the above car on July 23:30, 2013, and driven the three-lane road in front of the Kusan-si, Kimhae-si, Kimhae-si, along two-lanes from the long-term distance to the long-distance of the city at about 40km in speed.

At the time, since it was difficult at night, the driver had a duty of care to safely operate the operation of the motor vehicle by accurately manipulating the operation and steering gear.

Nevertheless, the defendant neglected this and was driven by the victim D(33 years old) who was standing in the front of the passenger vehicle at the front of the passenger vehicle of the defendant, which was driven by the victim D(33 years old).

As a result, the Defendant suffered injury to the Defendant’s base base salt for approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as destroying KRW 995,700 of repair cost, such as replacement of back-line cargo vehicles, and providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) is a traffic accident in which the defendant is driving in a state of drinking.

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