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(영문) 부산지방법원 2015.12.23 2015고단3846
특정범죄가중처벌등에관한법률위반(도주차량)등
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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

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

On April 6, 2015, at around 22:10, the Defendant was driving the said car on the front side of the Home Pungdo-dong, Busan Metropolitan City Home Pungdo-dong (hereinafter referred to as the “Mung”) and was going to the right side of the Home Pungdo-dong (hereinafter referred to as the “MY”) parking lot.

In such cases, the driver of the vehicle has a duty of care to safely drive the vehicle by keeping the front side and the left side well and the right and the right of the accident from the smoke.

Nevertheless, the Defendant neglected this and led the victim C(32 years of age) to the front front wheeler part of the Defendant’s vehicle operation, which was proceeding on the side of the home flus parking lot due to the negligence of a great bypassing the home flus.

The Defendant, due to the above occupational negligence, sustained the victim E (the knee-fe-fee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-g

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each traffic accident report prepared in C and E;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to each report on internal investigation (referred to 5, 7, 10)

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) and 151 of the Road Traffic Act concerning the crime;

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

1. Optional punishment, limited imprisonment and imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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