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(영문) 창원지방법원 2013.09.27 2013고단1352
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a low-speed car B.

The Defendant, at around 09:30 on December 13, 2012, driving the said car and proceeding the road in front of the accelerator station at the window of Changwon-si from the enclosed rock-dong room to the intersection intersection. In such cases, the Defendant, who is engaged in driving the motor vehicle, was obliged to pay a duty of care to safely operate the motor vehicle by taking into account the front section and the left side of the motor vehicle, on the left side.

Nevertheless, as a result of negligence, the Defendant neglected this, and thereby, received the part of the victim C (74 years old) bicycle driving from the right side of the Defendant’s driver’s license, which is distinguishable from the fences of the front right side of the car.

The Defendant, in the foregoing accident, sustained injury to the victim, such as blood transfusion on the brain chilling, which requires treatment for about six weeks, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim, even though traffic obstacles have occurred due to damage to the chills, etc. of the said vehicle and falling off on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents and reports on the occurrence of traffic accidents;

1. A scene of an accident and photograph of an accident vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

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. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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