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(영문) 부산지방법원 서부지원 2018.08.29 2018고단895
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On April 7, 2018, the Defendant driven the above car at around 03:00, and proceeded with five lanes in front of the Gangseo-ro 381-6, Seog-gu, Busan, Seogyeong-gu, Hampo-gu, Hampo-do along the three-lanes from the Hampo-dong.

A person engaged in driving service has a duty of care to ensure safety by accurately operating, steering, and brakes.

Nevertheless, the Defendant, by negligence, went through the front of the signal at the victim C (55) who was in the atmosphere of the signal at the front of the vehicle, was driven by the front part of the Defendant’s driving of the rocketing car at the front of the Defendant’s driving, and due to its shock, the Defendant got into front of the victim E (22 years) who was in the front of the signal at the front of the vehicle.

Defendant: (a) due to the above occupational negligence, she sustained bodily injury on the two sides, etc. requiring approximately two weeks of medical treatment to the victim C; (b) the injury of the shouldered salt and tensions to the F (42 tax) boarding the said rocketing car, which requires approximately two weeks of medical treatment to the victim E; (c) the victim E suffered bodily injury to the base base of shot franchis requiring approximately three weeks of medical treatment; and (d) the said rocketing car was 2,298,898 won in total of repair cost; and (e) even if the said rocketing car was damaged to the sum of 539,788 won in repair cost, and went away without immediately stopping and taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury from duty) as to the crime, Article 148 of the Road Traffic Act.

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