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(영문) 부산지방법원 서부지원 2018.02.12 2017고단1755

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On September 14, 2017, the Defendant driven the above car at around 09:10, and driven it at around 09:0,000, the two lanes in front of the Jinyang apartment, which is located in 30, Seo-gu Busan, Seo-gu, Busan, were driven in one way from the right side of the ship to the right side of the Ya-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to prevent accidents by safely reporting the traffic situation.

Nevertheless, the Defendant neglected to do so and led the Defendant to the part of the victim C(52 years old) in front of the foregoing car operated by the Defendant due to negligence, and shocked the part following the Dh-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-C

Ultimately, the Defendant suffered from an injury to the victim, such as light dump, etc. in need of treatment for about five weeks due to such occupational negligence, and at the same time, the Defendant destroyed the said Aburged car to be repaired in the amount of KRW 1,764,00, and escaped without taking necessary measures.

2. On September 14, 2017, around 09:00, the Defendant illegally used a vehicle: (a) discovered that the vehicle keys is displayed on a corporate bank parking lot located in 169, Y5 car owned by the victim E; and (b) drive approximately 1.4 km from the above parking lot to the narrow solar apartment located in 30, Busan, Sho-gu, Busan, Y5 car without the victim’s consent.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. The actual investigation report on traffic accidents;

1. The investigation report (the list No. 16 of evidence);

1. A medical certificate;

1. Application of Acts and subordinate statutes to each of the following inquiries and estimates for the maintenance of motor vehicles;

1. Criminal facts;