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(영문) 창원지방법원 마산지원 2016.04.26 2016고단92
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment 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 B.

On September 17, 2015, the Defendant, at Changwon-si, Masan-si, a member-gu, Changwon-si, and also proceeded with a rice re- tunnels from the Ycheon Village to the vibration from the west-do.

At night, at the same time, the victim C(31) was placed in a one-lane of the above road, and the victim C(31) was placed in order to deal with the accident after being able to handle the accident. On the front of the above K5 passenger vehicle, E who stopped in order to assist and help the above C and E who was the driver of the above TⅡ truck was in a situation of the victim F.(49 years of age). Therefore, the driver of the vehicle was obliged to pay a duty of care to prevent the accident by properly operating the brake and steering gear.

Nevertheless, the Defendant, by occupational negligence, neglected to pay a boat to the front week while attaching a boat, received the back part of the K5 vehicle in the K5 vehicle with the front part of the Coos car on the above part, and received the victims.

Ultimately, the Defendant committed an occupational negligence on the part of the victim C, without taking necessary measures, such as aiding the victims, who suffered injury, such as a fele knee knee bones, which requires treatment for about 10 weeks, by causing approximately 6 weeks of closed knee bones to the victim F, and escape without providing rescue to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, C, and H;

1. Each written diagnosis;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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