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(영문) 창원지방법원 2015.11.19 2015고단2649
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving vehicles B.

On September 8, 2015, the Defendant driven the above vehicle on September 17:15, 2015, and driven the front road D, located in C at the window of Changwon-si, to the direction from the jurisdiction of the Daesan-si treatment site.

On the other hand, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents by reducing speed and driving the signal well by driving the driver.

Nevertheless, the Defendant neglected his duty of care in the front place and neglected to wait for the signal at the front place, and received the back part of the Fluent Vehicle driven by the victim E (the aged 34) who was under the stop.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as “influenites and tensions,” which requires medical treatment for about two weeks, and at the same time, destroyed the above-mentioned low-priced vehicle to take repair costs of KRW 901,734, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures 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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act in the case where a minor injury occurs in the area of special mitigation (3 to 10 months) (including special mitigation) (1 to 2) (including efforts to recover damage) (including decisions of sentence] imprisonment with prison labor for 6 months, suspended sentence for one year (1 year of suspended sentence), and agreed agreement.

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