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(영문) 부산지방법원 2014.01.21 2013고단6701
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a CNS car.

At around 13:05 on August 24, 2013, the Defendant driven the said car, and driven the front road of the Hoju Airport located in Geumcheon-dong, Busan, Seocheon-dong, to the Busan Industrial Manpower Agency, and was negligent in not operating the steering gear and operating the steering system accurately, while neglecting the operation of the steering gear and the steering system at the front section of the said car, the Defendant got back of the victim D(33 years old) who stopped in the front section of the said car and got out of the steering gear and the rear part of the said car.

At the same time, the Defendant, by its occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in the chilling tensions requiring approximately two weeks of medical treatment, and light chills and tensions, etc., which require approximately two weeks of medical treatment. At the same time, the Defendant, while destroying and damaging the said rocketing car at KRW 3,508,908, and the above wing truck at KRW 287,778, it did not immediately stop and runs away without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and H;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of issue after accident); and

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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