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(영문) 부산지방법원 동부지원 2015.12.09 2015고단1684
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (Non-accident) are those engaged in driving service of BMW automobiles;

On June 24, 2015, the Defendant driven the above car at around 19:00 and proceeded two lanes on the two-lane road of the front distance of D in Busan-gun C, Busan-gun, at the Home Purler, from the direction of the Home Purler to the direction of the tunnel.

At the time, there was a passenger car in front of the road that the Defendant was running, so in such a case, the driver had a duty of care to look at the front side and the left side well, and to accurately manipulate the steering and the steering system, thereby preventing the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to proceed with the car driving by the victim E (year 26) and received the part behind the car driving by the victim E (year 26) as the front part of the said BMW car.

As a result, the Defendant suffered injury to the victim E and the damaged vehicle (the age of 27) by occupational negligence, such as salt, tension, etc. in need of approximately two weeks of medical treatment, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the car owned by the victim E to the extent of KRW 176,00,000, even if the said car was damaged to the extent of KRW 176,00, and thus, providing relief to the victims.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said BMF car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written diagnosis;

1. Application of the written estimate for vehicle repair;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act as to the crime under the applicable law, and Article 268 of the Criminal Act.

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