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(영문) 창원지방법원 2020.02.12 2019고단2850
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving a golf car B.

On May 25, 2019, the Defendant driven the said car on May 25, 2019, and led the three-lanes from the 3-lanes in front of the 3-lane of the 752-lanes in the Jinhae Sea in the Chang-si, Chang-si, the Defendant driven the said car to the salt farm distance from the side of the Ansan-gu.

Since there is an intersection in which signal lights are installed on the front side, the defendant engaged in driving a motor vehicle has a duty of care to safely operate by accurately manipulating the front line and operating the brake and steering gear.

Nevertheless, the Defendant neglected this and caused the Defendant to enter the intersection in contravention of the signal, thereby going through the victim C (the 22-year-old driver) to the right side from the left side of the running direction of the Defendant, following the right side of the victim C(the 22-year-old driver) driving, and received the gate and the part of the gate in front of the passenger car.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as salt, tensions, etc., in need of medical treatment for about two weeks, suffered from the victim E (the 22 years old) who was on board the damaged vehicle, with a crypum for the trend requiring approximately two-day medical treatment, and at the same time, did not stop immediately to cause damage to the damaged vehicle’s cryp to KRW 1,33,01, such as the exchange of crypers, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, on-site photographs, CCTV images, and photographed photographs;

1. The application of statutes to a written estimate of repair costs and written diagnosis;

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 by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the penalty;

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