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(영문) 창원지방법원 진주지원 2014.05.20 2014고단336
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 the operation of B Poter II cargo vehicles.

On December 22, 2013, the Defendant driven the above cargo vehicle on December 22, 2013, and driven the two lanes 54.6 km from Daejeon Daejeon Expressway, which are located in the vicinity of Sacheon-si, along the direction of the Daejeon Highway, along the direction of the two lanes 54.6 km.

At night and its location are installed at the center of separation, so all drivers of motor vehicles have the duty of care to thoroughly operate the front line in accordance with the upper right lane of the center separation zone and to safely operate the vehicle.

Nevertheless, the Defendant neglected this and driven the said cargo on the left side of the central separation zone, thereby leading to the failure of the Defendant to drive the said cargo on the left side of the said cargo vehicle, and thereby driving the said cargo on one lane in front of the left side of the said cargo vehicle by the victim C(48 years old) who driven the said cargo.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim’s saves without any open room within the lecture that requires treatment for about three weeks, and at the same time, escaped without immediately stopping and taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed the said NF rocketing in order to meet the repair cost of KRW 8,778,047, such as the exchange of saves, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The suspension of execution is against the criticism of Article 62(1) of the Criminal Code.

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