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(영문) 부산지방법원 2014.12.12 2014고단7424

특정범죄가중처벌등에관한법률위반(도주차량)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 B M& car.

On July 5, 2014, the Defendant driven the said car on July 5, 2015, and led the three-lane road near the “Gang River Holdings” located in the Busan East-gu hot spring road to proceed at a non-speed speed from the intersection to the intersection two tunnels, depending on one lane.

At the same time, the police was under the duty of care to reduce the speed and secure the safety distance with the vehicle driving vehicle, and prevent the accident in advance by driving the vehicle safely.

Nevertheless, the defendant neglected this and proceeded as it is, while changing the two lanes from the first lane to the second lane, caused the damage of the victim C(W, 36 years old) who stops in the second lane to measure drinking in the front part of the motor vehicle, which was driven by the victim C(W, 36 years old).

Ultimately, the Defendant, by such occupational negligence, immediately stopped the victim C with approximately two weeks of tensions and tensions, suffered from the victim E (36 years of age) who was on board the above damaged vehicle about about two weeks of the base of tensions and tensions in need of medical treatment. At the same time, the Defendant got about 580,000 won of the repair cost, and escaped without taking measures such as providing relief to the victim, etc., even though the latter part of the said vehicle was damaged to the victim E. (36 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 (the point of failing to take measures after the accident);

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

1. The nature of the crime of selective punishment (the point of flight, etc.);