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(영문) 부산지방법원 서부지원 2017.05.11 2017고단52

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by imprisonment for six months and by a fine of 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of the GTS125.

On December 23, 2016, the Defendant, without obtaining a bicycle license for a motor motor device, driven the above Oba, and led to the intersection in front of the oil station in Busan, which is located in D, from the east of the Gupo-dong to the electric direction.

At all times, signal lights are installed, so a person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right of the road and to safely enter the intersection in accordance with the new code.

Nevertheless, the Defendant neglected this and received the part prior to the left-hand left-hand side of the victim FF driver's Gone Star, who made a left-hand turn from the opposite line due to the negligence of entering the intersection of the stop new line, and received the front part of the above Obane.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the elbow in need of approximately two weeks of treatment, and at the same time escaped without taking necessary measures after the accident, such as immediately stopping the said elbow and providing relief to the injured party, even though it damages approximately KRW 1,279,067 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The driver's license ledger;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs and investigation reports (investigation into signal apparatus, etc. at the scene of an accident) by cutting CCTV to a CCTV course;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) (a) of the Road Traffic Act, and Articles 154 subparag. 2 and 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment for negligence)

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;