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(영문) 부산지방법원 2019.06.20 2019고단328

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for a year and six months, and a fine of 300,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 3, 2018, at around 16:40, the Defendant driven a motorcycle B 125cc, without a motorcycle driver's license, and proceeded with five lanes in front of the Busan Fluor C, while proceeding with the red signal, and attempted without taking necessary measures, such as aiding and abetting the victim D (15 years old) who was riding a bicycle on the left side of the direction, depending on the pedestrian signal, coming to the port from the right side of the direction of the Defendant. At the same time, the Defendant got injured by the victim, who dried the crosswalk, a crosswalk for the front half of the right leg, the guard, and the power wave, etc., which require approximately three weeks of medical treatment, and tried to stop immediately so as to damage the above bicycle amounting to KRW 337,90,00 for the repair cost and stop without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. A medical certificate;

1. Investigation report (investigation into a suspectless license);

1. Application of Acts and subordinate statutes to a report on investigation (investigation of a bicycle 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, subparagraphs 2 and 43 of Article 154 of the Road Traffic Act concerning the crime;

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

1. Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Violation of the Road Traffic Act selective punishment: Selection of a fine;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the defendant is not highly good to commit the crime, such as riding on and escaping from the urbine without taking measures such as aiding the victim after shocking the victim; although the defendant has long-term criminal records, he also commits the crime.