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(영문) 창원지방법원 마산지원 2019.08.14 2019고단266
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2019, the Defendant, who is engaged in driving Bran vehicle, was driving the above vehicle on or around 02:10 on February 3, 2019, and was driving in accordance with three-lanes from the side of C elementary school to the Msan East Police Station, which is in the synthetic south of the Changwon-si, Changwon-si.

At the time, it was night, and it was difficult to lower off the surface, and because the signal apparatus was operated by a yellow on-and-off signal, there was a duty of care to prevent accidents in advance by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and instead entered the intersection and proceeded with D apartment from the side of the cross-city bus terminal by entering the intersection more than the Defendant, and received the back part of the victim E (n, 45 years old) drive from the Faburged vehicle.

Ultimately, the Defendant, by such occupational negligence, left the site without immediately stopping and taking necessary measures, such as relief, even though the Defendant suffered from approximately two-day clicked clocks, etc., the victim G (the 16-year-old driver), who is the passenger of an Abdop vehicle, for approximately two weeks of medical treatment, the victim H (the 16-year-old driver) who is the passenger of an Abdop vehicle, for whom medical treatment is required. At the same time, the repair cost was 2,125,951 won, which was damaged to the extent that the 2,125,951 won was damaged, and escaped from the site without immediately stopping and taking other necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of each traffic accident;

1. On-site photographs of each traffic accident;

1. Statement to E by the police;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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.Article 40 of the Criminal Code of Trade and Trade.

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