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(영문) 창원지방법원 2019.07.12 2019고단730
특정범죄가중처벌등에관한법률위반(도주치상)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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving K5 vehicles B.

On December 23, 2018, at around 15:40, the Defendant entered the road of the North-do National Highway 79 line of the Changwon-si, Changwon-si, into a lane that proceeds from the direction of the hot spring in the north-do hot spring in the direction of the tunnel, leading up to the direction of the north-do hot spring in the direction of the tunnel.

A person who drives a motor vehicle has a duty of care to pass along the right side of the road, if the center line of the road is installed.

Nevertheless, the Defendant neglected this, while driving at the center of the central line by negligence, caused the victim C (the aged 53) who driven on the said road by the driver’s negligence, thereby leaving the center by driving the 5-lane vehicle driving at the right side of the Hand in order to avoid the said vehicle, and caused the central separation zone to shock the center part into the left part of the upper part, and again stop the two-lane direction by shocking the said part into the front part.

Ultimately, the Defendant, by occupational negligence, sustained injury, such as salt dynasium, etc., in need of treatment for about two weeks, and at the same time escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the victim, even after destroying the amount equivalent to KRW 5,824,807, such as the exchange of the preceding dynas.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Simplified traffic);

1. Investigation report (verification of driving and shocking parts of a sea-preventive vehicle), and report on traffic accidents;

1. Application of the Acts and subordinate statutes to medical certificates, estimates, on-site photographs, and black stuffs video CDs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and 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;

1. Selection of imprisonment with prison labor chosen;

1. The defendant under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is the case.

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