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(영문) 부산지방법원 2016.01.13 2015고단7098
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 07:35 on June 15, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and a violation of the Road Traffic Act (ii.e., an accident), driving a EXE car on the roads in front of the bus stops of a chemical apartment bus in Busan East-gu, U.S., would proceed toward the direction of the passage from the direction of the 2 tunnel to the south-west.

A person engaged in driving service has a duty of care to drive safely by checking the front side and the left side.

Nevertheless, the Defendant was negligent in driving a stroke by driving the stroke, and received the back of the stroke drive from the victim C (W, 48 years old) who operated the stroke drive.

Ultimately, the Defendant, by the foregoing occupational negligence, sustained cerebral tensions with the victim in need of approximately two weeks medical treatment, and at the same time, had the above straws to make the above straws to be 1,906,898 won at the repairing cost, and escaped without immediately stopping and taking measures such as providing relief to the victim.

2. On June 15, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car as described in paragraph (1) from the road on which a motor vehicle driver’s license was granted on June 15, 2015 to the road front of the bus stops for new apartment complex in Busan East-gu, Busan, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C;

1. A traffic accident statement prepared by the defendant;

1. A traffic accident report (1) (2), each photograph, the ledger of driver's license, a medical certificate, and a written estimate;

1. Application of Acts and subordinate statutes of the investigative report (Evidence No. 17,25 of the evidence list);

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; Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

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

1. Selection of penalty;

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