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(영문) 부산지방법원 2018.05.01 2018고단578
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 B-learning car.

On January 9, 2018, the Defendant driving the said car at around 03:58, and proceeded with the normal distance in front of the Busan High Fire Station, located in 589-3, Jeonpo-dong, Busan High-gu, Busan High-gu, to the intersection from the west to the west intersection.

Since there is an intersection where signal lights are installed, there was a duty of care to safely operate the steering staff by complying with the signal and by accurately manipulating the steering and operating the steering gear while keeping the condition of other vehicles well.

Nevertheless, despite the fact that the defendant was a stop signal, the defendant's occupational negligence that entered the above private distance intersection and continued to the above private distance intersection was shocked by the passage of the Red Cross center from the offside of the pelpelter to the front part of the D Lasta taxi operated by the victim C, who was in a direct progress under the new name of the Red Cross center, to the right side of the above rocketing taxi.

Ultimately, the Defendant, by occupational negligence, caused the victim C to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as providing relief to the victim, even though the said taxi was damaged to the extent that it did not damage the said taxi amounting to approximately KRW 4,873,154.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A medical certificate;

1. Application of the written estimate 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, 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 (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 of the Criminal Act:

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