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(영문) 부산지방법원 2018.02.23 2017고단6378

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (after an accident) and is engaged in driving a motor vehicle by stopping B.

On November 11, 2017, the Defendant driven the above car at around 20:25, and moved the three-lanes in front of the D convenience store located in Busan Dongdong-gu C in order to pass the three-lanes in front of the D convenience store in Busan Dong-gu, to the intersection of the inside of the U.S. at the south elementary school.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of the course by properly examining the right and the right of the front and the right before the right of the right of the vehicle.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front part of the Defendant’s vehicle driving by the victim E (69 tax) who was going to the inner intersection from the south of E-S. to the inner intersection due to the negligence of bypassing it.

As a result, the Defendant suffered injury to the victim, such as catitis, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the vehicle to ensure that the said vehicle was damaged by the repair cost of KRW 5,396,279, while leaving the vehicle to rescue the damaged.

2. On November 11, 2017, the Defendant: (a) obtained a driver’s license from the front day of the 301-dong G apartment of the Do of Busan to the front day of the funeral hall for citizens located in the 4th 910-gil, Kimhae-si; (b) obtained a driver’s license from the front day of the 301-dong G apartment of the Do of Busan to the front day of the funeral hall for citizens; and (c) operated

3. On November 11, 2017, the Defendant illegally uses the foregoing G apartment 301 Dong 503 around November 201, 2017, and the key to the motor vehicle is cut down from the apartment parking lot to the roads in front of the above citizen funeral hall.