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(영문) 부산지방법원 동부지원 2016.11.28 2016고단1763

특정범죄가중처벌등에관한법률위반(도주치상)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

The defendant is a person who is engaged in driving a motor vehicle B in the U. S. C.

On September 21, 2016, the Defendant driven the above vehicle on September 21, 2016, and proceeded at an insular speed from the front intersection of D in Busan Metropolitan City, Daegu Metropolitan City, to the seat of Grand hotel.

Since there is a place where traffic is not controlled, there was a duty of care to confirm whether a driver is a vehicle crossing by accurately operating the steering gear and reducing speed or temporarily stopping the operation of the vehicle and operating it.

Nevertheless, due to the negligence of neglecting this, the Defendant’s failure, which led to one-lane of the two-lanes of the victim E (n.e., 60 years old) driving from the sea area of the Shipping Bathing Beach to the Busan-Public Notice of Machinery, was shocked with the front part of the Defendant’s vehicle even even though the first door of the victim E (n.e., 60 years old) driving.

As a result, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence for about two weeks, at the same time caused a traffic accident that damages damaged vehicles to take repair costs equivalent to KRW 2,505,116 at the market price, and escaped without taking necessary measures, such as immediately providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of a medical certificate and a written estimate);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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;

1. The Criminal Act, the suspension of execution;