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(영문) 창원지방법원 마산지원 2014.02.21 2013고단655
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the EXE car.

On May 28, 2013, at around 00:15, the Defendant driven the said car, and led to two-lanes of the two-lanes of the two-lanes of the bridged road, “Dummsan Rice Complex,” located in the upper south-dong of Changwon-si, Changwon-si, Changwon-si.

A person engaged in driving service has a duty of care to prevent accidents in advance by accurately operating the steering wheel and brake system.

Nevertheless, the Defendant neglected this and proceeded along the two-lanes of the above road in the same direction, while driving the victim D(62 years old) who was waiting for the signal while driving the said road along the one-lanes of the two-lanes in the same direction, and received the part behind the right-hand part of the said X-ray car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, destroyed the said rocketing taxi to move in KRW 500,226, but did not immediately stop and run away without taking measures, such as aiding the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Written estimate;

1. A medical certificate;

1. Application of Acts and subordinate statutes to on-site and accident-related photographs and to photographic images of black stuffs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are each of the instant cases.

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