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(영문) 부산지방법원 2018.05.16 2018고단552
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cuss car in B.

On December 2, 2017, the Defendant driven the above car at around 11:23, 2017, followed the four-lanes in front of the Geum-gu Office located in 1777 as at the center of the Geum-gu Office of Busan, by two-lanes from the boundary of the Geum-gu Police Station to C, and changed the lane into one-lane.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to give an advance notice of change of course by operating a direction, etc. and to change the car line in line with the situation of traffic at the right and right.

Nevertheless, the Defendant neglected to do so and neglected to change the course to port, and caused the above K7 passenger vehicles to be divided into the center of the victim E (47 tax) who is driving a F K7 vehicle in this way, with the higher part of the front fences of the driver's seat of the Cub car above.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately three weeks of medical treatment, and at the same time, did not take measures such as providing relief to the victim, even though the Defendant damaged the above K7-car fences, etc. to ensure that the amount of KRW 1,358,872 is equivalent to the repair cost, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A medical certificate;

1. Written estimate for automobile inspection and maintenance;

1. Investigation report (verification of image records of damaged vehicles), photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from telephone for victims E);

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, Articles 148 and 54(1) of the Road Traffic Act (the point of view of failing to take measures after an accident) concerning the crime;

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. Suspension of execution;

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