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(영문) 부산지방법원 2013.07.10 2013고단2241

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 the driver of the Dober Slves, the closure of the closure of the vehicle.

On March 9, 2013, the Defendant operated the foregoing cargo vehicle on which he did not purchase mandatory insurance on March 23:40, and proceeded along the front passage of the Fridong-dong, Busan, through the area of the front passage of the Fridong-dong, Busan, with the area of the well-known water purification room at the vicinity of the intersection, there is an intersection with a signal apparatus installed at the front section of the three-lane. Therefore, the Defendant had a duty of care to care to properly see the front section and safely drive it in order to prevent accidents in advance.

Nevertheless, the Defendant, while neglecting this and stopping at a time for signal waiting due to negligence, found the FST5 car of the injured party E(the age of 82) driving, was immediately stopped, and was taking prompt action, but did not avoid the Defendant’s cargo vehicle, and did not take any necessary measures such as aiding and abetting the injured party to receive approximately three-day medical treatment due to its shock, resulting in the Defendant’s clifs in base, etc., which require approximately three-day medical treatment, and at the same time, attempted to escape without taking necessary measures, such as aiding and abetting the injured party, even though it was damaged to ensure that the c,158,648 won in total, such as exchanging back pans, etc. of the damaged vehicle, was destroyed to the extent that the c,1

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. Mandatory insurance policies;

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, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 (i.e., confession, agreement, and reflect) of the Criminal Act for discretionary mitigation.