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(영문) 창원지방법원 2017.08.17 2016고단3798
특수상해등
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.

(e).

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional car.

On April 18, 2016, the Defendant driven the above car on April 18, 2016, and led the road of the “E cafeteria” located in Kimhae-si D to the museum located on the side of the annual park.

At the same time, it is a side road with no median line, and the G Abred-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing car driven by F is proceeding from the museum to the annual park. In such a case, there was a duty of care to take a person engaged in driving a motor vehicle into account the front line and the left and right, and to accurately manipulate the steering direction and the brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the front part of the driver's seat on the front side of the driver's seat of the said franchise-low-low-income vehicle by negligence.

Ultimately, the Defendant, by the above occupational negligence, destroyed the nurged car in the repair cost of KRW 283,754, such as the sales fee, and did not immediately stop and check the degree of damage, and escaped without taking necessary measures.

Summary of Evidence

The application of the Act and subordinate statutes of the Defendant’s statutory witness F (part), H, and I’s legal statement, the document of the fact-finding survey by the Defendant’s legal statement, the document of the on-site dispatch report, the CD image of the Defendant’s vehicle (Evidence No. 34 of the Evidence List No. 4), the video (Evidence No. 4 of the Evidence List) taken by the driver of the vehicle following

1. Relevant legal provisions and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016) on criminal facts and the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016)

2. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant set up a vehicle in one side road, and the vehicle was driven by the police officer who called up after receiving a report, and left the vehicle alone until the vehicle moves to the side.

In light of the circumstances at the time, the Defendant.

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