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(영문) 부산지방법원 동부지원 2017.11.16 2017고단1834
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 car Bmonde 2.0.

On August 2, 2017, the Defendant driven the said car at an irregular speed of 02:30 on August 2, 2017, and led to turn to the left at the front of the D hotel located in Busan Metropolitan City, Busan Metropolitan City.

Since the place was an intersection where a yellow on-and-off signal is installed, in such a case, a person engaged in driving a car has the duty of care to yield the course to the vehicle when he takes care of other vehicles and when the vehicle has already entered the intersection, he has the duty of care to yield the course to the vehicle.

Nevertheless, the Defendant neglected to make a left-hand turn at the above intersection due to occupational negligence and got a part of the back of the driver’s seat of the victim E (42 ) drive of the victim E (42 Do) who was going to a mechanical announcement on the surface of the bathing beach and was going to a left-hand turn at the front part of the car of the Defendant.

Ultimately, the Defendant, by the foregoing occupational negligence, committed an injury to the victim E, such as “salvine and tensions in the chill,” which requires approximately two weeks of medical treatment, and suffered injury to the victim G (hereinafter referred to as the “victim G”) (hereinafter referred to as the said taxi”), which requires approximately two-day medical treatment, and at the same time, escaped without taking necessary measures, such as stopping the said taxi owned by the victim H (the State) to cause damage to KRW 779,084, the cost of repairing the said taxi and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. The application of Acts and subordinate statutes, such as a traffic accident report report, on-site photo, etc., traffic accident occurrence report, diagnosis report, investigation report (verification of suspect drinking matters and analysis, estimate, and black image of black stuffs, etc.);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the Road Traffic Act concerning criminal facts under the pertinent provision of the Act.

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