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(영문) 창원지방법원 2015.06.09 2015고단628
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a vehicle B at low price.

On March 8, 2015, the Defendant driven the above vehicle on March 8, 2015, and led to a shooting distance in front of the Taeju High School located in the Cheongju-dong in the Kimhae-si, Kim Jong-si, to a lot from the tin kindergarten room.

Since the signal lights installed at the time are on-and-off, the person engaged in driving service has been obliged to safely drive the other vehicle with due care to the traffic of the other vehicle after temporarily stopping the signal immediately before the stop line or the intersection.

Nevertheless, by negligence of neglecting this, the defendant caused an accident where the victim C(28 years of age) who was driving on the left side from the right side of the defendant's proceeding and the front side of the defendant's vehicle are faced with the front side of the D SPke vehicle and the front side of the vehicle.

The Defendant, by its occupational negligence, sustained injury to the victim, such as an ambiguous cerebral fresh that requires treatment for about three weeks, and at the same time, even though the above spak vehicle was damaged to have an amount equivalent to KRW 1,113,671, the Defendant immediately stopped the vehicle and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on specifications for checking and maintaining automobiles;

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;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) is [the case where there is a substantial negligence in the occurrence of traffic accidents or the expansion of damage to the victim, even after the traffic accident.

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