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(영문) 창원지방법원 2017.05.02 2016고단3684
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 CBa car.

On September 2, 2016, the Defendant operated the said car without a driver’s license on September 14:10, 2016, and proceeded in the direction of the dead-dong village in the area of the bus terminal located in the area of the bus. The Defendant had a road sign and a traffic sign prohibiting entry.

In such a case, although there is a duty of care to not enter the above road on the basis of the sign, a person engaged in driving of a motor vehicle has to be in accordance with the driver's duty to not enter the road on the top of the road, and due to the negligence of entering the above road on the road and driving in the reverse direction at the time of the above road on the top of the road, he received the front part of the driver's vehicle in front of the victim E(57 tax) driving in the direction of the normal direction.

As a result, the Defendant suffered injury to the victim, such as acute salt, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim, even though the repair cost of KRW 1,500,000, which is the G owner, is to the extent that the repair cost of KRW 1,50,000.

Summary of Evidence

Application of Acts and subordinate statutes to a written diagnosis of the actual condition of police statement E to the defendant's legal statement E

1. Article 5-3 subparag. 2 and Article 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the crime, Articles 148 and 54(1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Articles 53 and 55(1)3 of the Criminal Act (the degree of injury inflicted on the victim and the vehicle for the victim) of the Act on Reduction of Small Quantity.

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