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(영문) 부산지방법원 2013.10.01 2013고단642
특정범죄가중처벌등에관한법률위반(도주차량)
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A defendant shall be punished by imprisonment for not more than ten 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 DNA car.

On November 13, 2012, the Defendant driven the above car on the 21:27th day of November, 2012, and led the front road of the Heungdong-dong of Busan to the direction of the re-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

At the time, a crosswalk is installed at night and at the front, without signal lights, so in such cases, the driver of the vehicle has a duty of care to check whether the driver of the vehicle is a person standing the crosswalk, and to safely drive the crosswalk.

Nevertheless, the Defendant neglected to stand the crosswalk from the right side of the proceeding to the left side of the victim E (at the age of 32) due to the negligence, which led to the Defendant’s failure to stand the crosswalks to the left side of the proceeding direction, with the front wheels of the said vehicle driving by the Defendant, and again, went beyond the left buck part of the victim’s left side bucks.

The Defendant, by such occupational negligence, caused the victim to suffer salt, tension, etc. in need of medical treatment for about six weeks, but did not immediately stop and take necessary measures, such as aiding the victim, and escaped without taking necessary measures.

Summary of Evidence

1. Each legal statement of witness F, G, and E;

1. A traffic accident report;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

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

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