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(영문) 부산지방법원 동부지원 2017.04.26 2017고단362

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 14, 2015, the Defendant was sentenced to a suspended sentence of two months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (EM) and violation of the Road Traffic Act (unclaimed after an accident) at the Busan District Court on June 2, 2015, and the judgment became final and conclusive on October 22, 2015, and C is a person who is engaged in driving of the TM vehicle. On October 17, 2017, the Defendant driving the above cargo vehicle at around 05:10 on October 17, 2017, led the EM crossing in front of the EM vehicle located in Busan High School at about 40 km in the speed of Si/Gun/Gu, from the east High School at the speed of the waterside.

The location is the intersection where a yellow on-and-off signal is installed, and at the same time, there was a duty of care to proceed with the driver of the motor vehicle by temporarily suspending or making a stop prior to entering the intersection in order to ensure that the driver of the motor vehicle should not easily report the traffic situation of the intersection.

Nevertheless, the Defendant neglected to operate a mobile phone without neglecting it and neglecting to see the speed of the mobile phone, and by neglecting it, found the G SP car driven by the victim F (F, 56 years old) who entered the intersection to be right-hand from the left-hand side of the Defendant’s proceeding direction at late, and operated it to avoid it at that time. However, the Defendant received the parts of the above SP car’s right-hand door and back on the front-hand side of the said cargo vehicle due to insufficient measures.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F and the victim H (the age 60) who was on board the said SP car, respectively, due to the need to provide approximately two-day medical treatment, and at the same time, escaped without taking measures such as stopping the car owned by the victim F to the extent that the 1,116,784 won, such as back door exchange, were damaged by the victim F and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1. F with respect to F.