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(영문) 창원지방법원 통영지원 2014.01.15 2013고단930
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On October 1, 2013, the Defendant driven the above vehicle at a speed of 13:00, and driven the road of two-lanes in front of the bus stops at the right-speed of the city in the parallel of the city at the Gyeong-nam. The Defendant driven the above vehicle at a non-speed speed, depending on one-lane distance from the intersection to the long-speed distance.

progress prior to the time.

If there was another vehicle which stops due to traffic congestion, the driver had a duty of care to prevent the accident in advance by accurately operating and safely operating the steering system, brakes and other devices of the vehicle.

Nevertheless, the victim C ( South and 42 years old) who had stopped due to negligence and failed to do so and proceeded with the decline due to the negligence by removing from the balk in the balk, and tried to see the D low-speed car driven by the victim C ( South and 42 years old).

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt pans and tensions, etc. in need of treatment for approximately two weeks, and at the same time, destroyed the said low-speed car to be in excess of KRW 273,126, and escaped without taking necessary measures, such as immediately suspending the repair cost, and providing relief to casualties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, a traffic accident-related person's statement, a traffic accident actual condition survey report, and a site photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after an accident);

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 confession, reflection, and the defendant under Article 62 (1) of the Criminal Act of the suspended execution;

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