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(영문) 부산지방법원 동부지원 2018.03.28 2018고단92

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three 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 rocketing car.

On November 27, 2017, the Defendant operated the said vehicle in front of the KBS Broadcasting Station located in the Namcheon-gu, Sincheon-gu, Busan on November 27, 2017, and turned to the left at a speed that is impossible to identify one way among the two-lanes, from the south-west intersection to the south-west intersection.

At the time of night, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and accurately manipulating the steering direction, brakes, etc. by checking the traffic situation on the right side and right side.

Nevertheless, the defendant neglected to turn to the left without neglecting it and received more fences after the left-hand side of the D'I (37) driving a vehicle driving on the right-hand side of the vehicle in question in the direction of the proceeding.

Ultimately, the Defendant, by negligence in the course of performing the above duties, caused the above victim to suffer injury to the left-hand salt, etc. requiring treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the victim to the extent that the repair cost of KRW 1,670,790, such as painting, etc., was damaged by the victim’s possession, and immediately stopping the said car and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written statement of C and E;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and photographs thereof;

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, 54 (1) (a) of the Road Traffic Act, and Article 151 of the Criminal Act concerning the crime;

1. The crime of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes") is committed.