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(영문) 창원지방법원 2016.12.16 2015고단3047
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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 Cenz motor vehicle.

The Defendant, around 23:00 on October 17, 2015, proceeds from the intersection of the shooting distance from the parallel of the window in Changwon-si, Changwon-si toward the Home Puger on the side of the marketing distance.

They turn to the right of the same-sex oil station.

Since there is an intersection where a signal, etc. is installed, the driver of a motor vehicle is responsible for driving the motor vehicle by reducing speed and driving the signal well at the same time, and operating the motor vehicle by complying with the line of duty to prevent accidents, despite the fact that there was a duty of care to prevent accidents, the defendant was negligent in failing to make a left-hand turn in violation of the straight line signal that neglected this, and the victim D(37 years of age) driven by moving the intersection toward the arms-distance distance from the home-pluging on the left-hand part of the motor vehicle operated by the victim D(37 years of age).

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim D, such as light salt, etc. requiring a treatment for about three weeks, and suffered injury to the victim FF (the 43 years old), who was accompanied by the victim FF (the 43 years old), requiring a treatment for about three weeks, and escaped without taking necessary measures, such as providing relief, by immediately stopping the said damaged vehicle, even though it damages the repair cost equivalent to approximately KRW 6,247,496.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D and G;

1. A report on the occurrence of a traffic accident, a traffic accident report, an accident site, and photographs of the accident vehicle;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. The point of escape after the death or injury from occupational negligence in the relevant legal provisions concerning the crime: Articles 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 268 and 148 and 54 (1) of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Code shall apply to the victim D with heavier punishment.

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