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(영문) 창원지방법원 2013.08.21 2013고단540
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 CSP car.

On December 12, 2012, 15:23, the Defendant, one of the agricultural cooperatives located in the Jinhae-gu, Changwon-si, Changwon-si, was driving forward the front road from the direction of the Gu Jinhae-gu Office of Education to the Gu Jinhae-gu Office of Education from the direction of the public tunnel,

At the time, there is a road where a central line is installed, so in such a case, there was a duty of care to safely proceed with the vehicle driver.

Nevertheless, the Defendant neglected this and went to the right side of the Defendant’s vehicle due to negligence beyond the median line, and was driven by the victim D (W, 45 years old) driving on the right side of the Defendant’s vehicle. The part of the Defendant’s vehicle driven by the victim D (W, 45 years old) was in front of the right part of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained salt and tensions, etc. of the trend requiring medical treatment for approximately two weeks, and at the same time escaped without immediately stopping the said SM3 vehicle, without taking necessary measures, such as providing relief to the victim, even though it was damaged to ensure that the said SM3 vehicle was in an amount equivalent to KRW 907,182.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and F;

1. A traffic accident occurrence report;

1. An accident site photograph;

1. A medical certificate (D);

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2(1) of the Criminal Act is that the defendant invadeds the central line during operation.

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