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(영문) 창원지방법원 통영지원 2018.06.05 2018고단221
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 became final and conclusive.

Reasons

Punishment of the crime

On December 31, 2017, the Defendant is a person driving C-A-Wnd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Led-Wed Led Led-Wed Led Led-Wed Led Led-Wed Led Led-Wed Led Led-Wed Led Led-Wed Led Led-Wed

At the time of the defendant's frontline, the E-Poter cargo driven by the victim D(62 tax) was in progress, so in such a case, there was a duty of care to prevent accidents in advance by driving the vehicle with the prior safety distance and ensuring safety distance.

Nevertheless, the Defendant neglected to do so, and instead failed to ensure the safety distance, received the following part of the cargo vehicle driven by the said victim due to negligence, which led to the Defendant’s failure to keep the vehicle in front of the said vehicle.

Ultimately, the Defendant, by occupational negligence, sustained from the victim F (the 58 years old), who was accompanied by the said victim and the said cargo to the victim F (the 58 years old) for about two weeks of medical treatment, and at the same time, did not stop the said cargo to ensure that approximately KRW 11,510,356 of the repair cost, such as the exchange of a spread, was damaged to the said cargo to take necessary measures, such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of subparagraph (E) to a report on the occurrence of a traffic accident, a report on the actual condition of the accident site, a report on the actual condition of the accident site, a photo on the accident site, a medical certificate,

1. The point of escape after causing the injury or injury of the pertinent legal affairs concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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