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(영문) 부산지방법원 2013.10.30 2013고단5267

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2013, the Defendant, as a business of around 20:48, driving CM 520 cars, was obliged to pay attention to prevent accidents by driving CM 520 cars on the surface of the articles of incorporation, since it is a way to a bend for the speed of about 60 km from the face of the articles of incorporation to the sea-line at the speed of 60 km.

Nevertheless, the defendant neglected to do so and proceeded with it as it was by negligence.

Finding Goran at the center of the road and temporarily stopping the victim D (ma, 54 years old) driving, without discovering the latter part of the damaged vehicle due to the driver's vehicle's front part of the vehicle, the defendant suffered from the injury of catitiss, etc. requiring approximately two weeks of treatment due to its shock, and at the same time, escape without immediately stopping the damaged vehicle and without taking necessary measures such as providing relief to the victim, even though it damages the damaged vehicle to the sum of KRW 2,632,746 of repair cost, such as exchange of back caters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. An accident vehicle photograph;

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 relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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 (i.e., initial crimes and agreement);

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

1. Social service order under Article 62-2 of the Criminal Act;