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(영문) 부산지방법원 2017.02.01 2016고단7115
특정범죄가중처벌등에관한법률위반(도주차량)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 of Cone Star Co., Ltd.

On November 4, 2016, the defendant driving a above 00:10 square meters, and breaking the road in front of the safe intersection distance in Busan Dong-gu, Busan, and made the left turn to the left from the apartment direction one lane between the four-lanes in the direction of the urban highway in the direction of the apartment.

Since the location is an intersection where the signal of the color light is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected this and neglected to turn to the left due to the negligence in violation of the signal and got off the right side of the victim D (55 cm) who was straighted in the direction of apartment in the direction of apartment. The Defendant received the right side of the front of the E-si operated by E-si from the right side of the said car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about three weeks, and at the same time, had the said taxi take charge of repair costs of approximately KRW 2,400,000, and escaped without immediately stopping and taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A report on investigation (such as the background of recognition), investigation report (booms video, etc.);

1. Application of written diagnosis, written estimate, and photographic Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social services;

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