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(영문) 창원지방법원 2018.03.21 2017고단3582
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 23, 2017, the Defendant, who is engaged in driving a D low-speed car, was driving a two-lane road in front of the F in Kimhae-si on September 23, 2017 at a speed of about 60km per hour in accordance with the first three-lane from the long-distance flooding area to the long-distance flooding area.

In such cases, the driver had a duty of care to safely drive the steering system by accurately operating the steering gear and steering the steering system.

However, the Defendant neglected to take part in the loading box of the H Poter freight driven by the victim G (50 years old) who stops in the signal atmosphere at one lane due to the negligence in driving, and continued to stop in the two lanes, and received the front side of the J 4.5t truck in J. J. 1 driven by the victim I who stops in the signal atmosphere at two lanes.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the Victim K (V, 51 years old), each of which requires approximately two weeks of medical treatment, and at the same time, destroyed and scrapped the cargo loaded at the market price of KRW 2.6 million, and destroyed the cargo loaded at the Korean Meart 4.5t truck to cover KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Each police statement made to G and I;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. An accident scene photograph;

1. An investigation report (verification of the amount of damage inflicted on H Pops), investigation report (verification of the amount of damage inflicted on J trucks), and application of statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures taken after the destruction of goods) regarding the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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