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(영문) 부산지방법원 2015.08.11 2015고단2155

특정범죄가중처벌등에관한법률위반(도주차량)

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 Clearning car.

On January 15, 2015, the Defendant driven the above car at around 00:50, and proceeded back from the lower end of 1423 roads to the lower lower end of the post office, which had no center line in front of the post office at the lower end of 1423 roads, the city of Denmark Park.

At the time, there are nights, and there are frequent pedestrian traffic, so in this case, the defendant engaged in driving of the motor vehicle had a duty of care to avoid accidents in advance by emphasizing the driver and accurately manipulating the steering gear and brakes accordingly.

Nevertheless, the Defendant neglected to do so and went to the right side of the victim E (the age of 42) who was walking the victim D (the age of 44) according to the same direction as the Defendant's passenger car due to his negligence, and continued to go to the right side of the victim E (the age of 42).

Ultimately, even though the Defendant caused the victim D to suffer injury to the base of salt part of the elbow part for about two weeks of medical treatment due to the above occupational negligence, and the victim E suffered respectively a loss to the left-hand satisfaction with the necessity of medical treatment for about two weeks, the Defendant failed to immediately stop the situation of damage and take necessary measures, such as checking the situation of damage, and taking relief measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Statement of the occurrence of E traffic accident;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes of the traffic accident report and investigation report (No. 19,20)

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 the crime committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., confession of the accused, agreement with the victims, etc.)