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(영문) 창원지방법원 밀양지원 2017.04.20 2016고단705
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

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 driving of the B1 ton cargo vehicle.

On November 6, 2016, the Defendant, without a driver’s license of a motor vehicle on November 18:10, 2016, driven the motor vehicle and opened the motor vehicle along two lanes near the apartment complex that was located in the Republic of Korea, from the IC to the original direction.

At the time, since it is at night, there was a duty of care to care for those engaged in driving service, and to accurately manipulate the brakes and steering gear, thereby preventing accidents.

Nevertheless, the Defendant did not perform the above duty of care, such as attaching a fire to a passenger in order to smoke tobacco while driving, but did not discover the track of the victim C(57) driving while driving a madern, which was in progress on the cargo charging for the Defendant’s driver, and received the part that was the last part of the madern in front of the madern.

As a result, the Defendant suffered injury, such as catum salt, etc., to the victim for about two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the vehicle and neglecting the vehicle without taking measures, such as providing relief to the injured party, even though the repair cost, such as the exchange of catum glass after the track, is to reach approximately KRW 8,322,700, such as the exchange of goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report on the actual traffic accident, and on-site photographs of the traffic accident;

1. The driver's license ledger;

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

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 occupational injury) and Articles 148 and 54(1) of the Road Traffic Act, and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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