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(영문) 부산지방법원 2016.10.12 2016고단4674

특정범죄가중처벌등에관한법률위반(도주치상)등

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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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and violation of the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a motor vehicle with Bhnburd

On July 9, 2016, the Defendant driven the said car without a driver's license on July 05, 2016, and led to the driving of the said car in front of the written intersection road located in Busan-dong, Busan-gu, Busan-do, on the side of the NC department store.

At the time, the location was the intersection of the distance, so in such a case, the driver had a duty of care to properly see the front left and operate the steering system, and to accurately operate the steering system.

Nevertheless, the Defendant neglected this and neglected to stop, thereby damaging the part of the victim C(the age of 66) driving that was parked in front of the Defendant’s car in order to ensure that the amount equivalent to KRW 463,615 of the repair cost would be KRW 463,615 of the Defendant’s car, and at the same time, escaped without taking necessary measures, even though the Defendant sustained injury, such as salt, tension, etc., of the trend requiring approximately two weeks of medical treatment.

2. Around 05:55 on July 9, 2016, the Defendant was driving a motor vehicle from the Marenk-dong located in Busan-dong, Busan-dong to the front of the written intersection road located in the same Gu, through the road located in the front of the Busan-dong, and without a driver’s license, the Defendant was driving the motor vehicle from the 7km section of the Defendant’s house located in the Busan-dong E-dong without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on internal investigation (afluorics of damaged vehicles boomers, video readings before and after the locking of the damaged vehicles, and afluoric photo and image

1. Registers of driver's licenses;

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 and Article 268 of the Criminal Act concerning criminal facts shall be injured by occupational negligence.