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(영문) 창원지방법원 2019.03.28 2018고단3095
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is engaged in driving a Bchip car.

On August 19, 2018, the Defendant driven a large franchise on August 03:16, 2018, and drive one-lane from C to D-section in front of the Sari-dong Sari-dong Sari-si Sari-si Sari-si Sari-si Sari-si.

At the time, it is an intersection where a signal is installed at night and at that time, so in such cases, a person engaged in driving service has a duty of care to properly see the front door and the left door and the left door, to accurately operate the steering and steering system, and to prevent the accident from occurring due to the signals.

Nevertheless, the Defendant neglected to do so and proceeded in the front by negligence while driving in the front, and received a part of the part of the victim E (the 57-year-old taxi) behind the Fstunta-si driving in the front of the car.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as salt, tension, etc., in which approximately three weeks of medical treatment is required, on the part of the victim G (27 years of age), on the part of the victim G on the said taxi (hereinafter referred to as the “victim G”) who was on board the said taxi, the Defendant inflicted on the victim H (V, 27 years of age) with an injury such as dynasium, tension, etc. in need of medical treatment for about two weeks, and escaped without any necessary measures, such as providing relief to the victim by immediately stopping the said taxi, even though it damages the repair cost of KRW 674,628, such as exchanging the dynas, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, G, and I;

1. The actual condition survey report;

1. A report on occurrence status;

1. Each written diagnosis;

1. Application of the written estimate 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 (the point of failing to take measures after the accident);

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

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