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(영문) 창원지방법원 마산지원 2018.02.20 2018고단4
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 a cuss car in C.

On October 23, 2017, the Defendant driven the above car at around 22:37, and turned the way to move from the southwest-gu, Changwon-si to the Cheongsan-si, Masan-si, Masan-si to the Cheongsan-si, Masan-si, along the southwest-gu, along the southwest-gu, into the right side of the Defendant’s vehicle due to the negligence in the course of business, which changed from the first lane to the second lane from the rear side of the vehicle, and changed from the latter to the second lane, the Defendant changed from the latter side of the Defendant’s vehicle to the latter side of the victim’s Da (45 ) driving along the two lanes from the rear side of the vehicle.

Defendant at the same time caused injury to the said victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence, and at the same time, the said K5 car was destroyed by KRW 525,158, such as the exchange of the front offender, and went away without taking necessary measures, such as immediately stopping, and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of a measure not taken after an accident) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

Unfavorable circumstances: the defendant has caused an accident with the wind to change the safety zone due to the unreasonable change of the vehicle line, and the accident occurred.

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