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(영문) 부산지방법원 동부지원 2015.04.08 2015고단281

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 benz car.

On October 22, 2014, the Defendant driven the above vehicle at around 05:35, and made the intersection of the square of 49 square in the Southern-gu Busan-do to turn to the left from the luminous intersection to the luminous intersection.

At the time, it is a new wall, and since it is an intersection where traffic is controlled by a signal apparatus, a person engaged in driving service has a duty of care to fulfill the duty of pre-control and to prevent accidents from being in conflict with other vehicles by maintaining the signal well.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal and failed to discover the victim C(59 years of age) driver's d's d'burged car, which was sent to a three-lane from the opposite side of the opposite side of the opposite side in the opposite side of the opposite side of the vehicle suffered by the Defendant, and shocked the left side of the damaged vehicle by the front side of the damaged vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party C, such as catum salt in need of two weeks’ medical treatment, and at the same time, did not immediately stop the damaged vehicle, and failed to take necessary measures, such as aiding the injured party, even though the damaged vehicle damaged the repair cost of KRW 3,402,418.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;