beta
(영문) 부산지방법원 2020.05.22 2020고단1234

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 of the vehicle B at low price.

On February 21, 2020, the Defendant driven the said car at around 16:10, and moved the side way of the D Hospital located in the Busan East-gu, Busan-dong, from the Ematet to the back of the D Hospital, due to occupational negligence, caused the victim F (39 years of age) who was driven by the victim FF (39 years of age) who was on the right right-hand side of the Emat Hospital to the right-hand side of the D Hospital as he was negligent in performing his duty of moving back from the back of the D Hospital to the right-hand side of the Ematet.

The Defendant, by its occupational negligence, sustained injuries, such as salt ties and tensions, which require the victim to receive approximately two weeks of medical treatment, by causing each injury to the victim H (35 years of age) who is a passenger of the Orussa car, such as salt ties and tensions, which require approximately two weeks of medical treatment, and at the same time, destroyed the said Orus car to be in excess of KRW 3,061,100 of its repair cost, and escaped without immediately stopping it and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to a traffic accident report, each written diagnosis and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking account of the fact that the victims of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are relatively less severe, and that they agreed with the victims.