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(영문) 창원지방법원 2018.09.05 2018고단1370
특정범죄가중처벌등에관한법률위반(도주치상)등
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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

Criminal facts

On April 26, 2018, the Defendant, who is engaged in driving Cran-do, driven the said car on April 26, 2018, led to the intersection in the 219-ro of Changwon-si to the public announcement of the original cost from the mix square to the window of Changwon-si.

There is a duty of care to prevent accidents in advance by driving safely according to the new code, since there is an intersection where signal, etc. is installed.

However, the Defendant neglected this and proceeded as it was, by negligence, disregarded and proceeded with the electric traffic signal, and found the said intersection to turn to BYC west-dong from the original public announcement to BYC west-dong in accordance with the No. Mama-S., the victim D(WC 47 years old) driving car at late, and did not avoid it, and received the victim’s front part of the victim’s vehicle as the front part of the passenger vehicle.

As a result, the Defendant suffered a chest and shuttion of the victim’s plekes that need to be treated for about four weeks by the foregoing negligence, and at the same time, destroyed the victim’s car-owned cars to scrap it, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A medical certificate (victim D);

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of estimates for damaged vehicles);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

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

1. Selection of alternative abandonment of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 above-mentioned favorable interest)

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