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(영문) 창원지방법원 2020.06.02 2020고단774
특정범죄가중처벌등에관한법률위반(도주치상)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

[Criminal Power] On July 3, 2017, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving motor vehicles B;

On February 1, 2020, the Defendant driven the above vehicle at around 07:10, and led D companies in front of the D companies located in G in Gannam Kim Jong-si, Kim Jong-si, to drive at an insular speed in the direction of the transition distance from the Ecafeteria.

At this point, there is a section where the center line of yellow solid lines has been installed, so in such a case, the driver of the motor vehicle has the duty of care to prevent accidents in advance by safely driving the motor vehicle by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and was driven by the victim F (year 50) who was driving on the road in line with the direction of the operation of the vehicle in question at that time due to the negligence of the Defendant’s negligence, and received the front part of the vehicle in front of the seat of the Defendant’s vehicle.

As a result, the Defendant suffered from an injury to the victim, such as a string of a scarke wall, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping a car owned by the victim, even though she damages 6,619,028 won for repairing expenses, and without taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (refluence of the noise measurement) has reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant’s drinking and smelling away from an accident as stipulated in paragraph (1) of the same Article and stopping on the front of H in the same time, as discovered by J, etc. of the situation where the 112-report was assigned to the Kimhae Police Station, which was called out after being reported, and at around 07:40 on the same day.

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