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(영문) 부산지방법원 동부지원 2018.07.04 2018고단669

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 15, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Busan District Court on May 10, 2015, and the execution of the sentence was terminated at the Busan District Court on May 10, 2015. On June 1, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for concealment of criminals at the Busan District Court, and is still pending in the

[Criminal facts] The Defendant is a person who is engaged in driving CTS125EO.

On March 4, 2018, the Defendant driven an over-to-face 08:30 on the 08:0 on March 4, 2018, and continued to drive a road in the direction of the large market from the direction of the electronic Grand City to the large market.

In this case, a person engaged in driving service has a duty of care to properly see the front side and the left side and the left side and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the defendant neglected to do so and proceeded with the part of the victim D's bridge that was going on the way in order to carry out the permanent work of abolition due to negligence, the defendant shocked the front part of the victim D's bridge.

Defendant 1 suffered a brupt in the face of 2 weeks from the above occupational negligence to the victim, but did not take necessary measures, such as aiding the damaged person, and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of traffic accidents;

1. Statement made by the police of D;

1. A medical certificate;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to criminal records of suspects, court rulings, etc.);

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of injury (the scope of recommending punishment) (the scope of recommending punishment) is the minor injury in the area of special mitigation (the period between March and 1 year) (the special mitigation person) after traffic accidents.