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부산지방법원 서부지원 2020.01.29 2019고단369

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.


Punishment of the crime

The Defendant is a person engaging in driving a car car B (hereinafter “instant vehicle”).

On November 24, 2018, the Defendant driven the instant motor vehicle on November 24, 2018, and driven the road in front of the (State) D in Gangseo-gu Busan Metropolitan City at a e-mail speed from the e-mail International New City to the E-public welfare center.

At the time, it was difficult at the time, and there was a center line of yellow solid lines in the frontline, so in such a case, there was a duty of care to thoroughly operate the driver on the front line and to safely operate the car line.

Nevertheless, the Defendant neglected this and got the left side of the G dump truck truck truck truck truck truck truck driver's G dump truck truck truck driver's dump truck driver's vehicle in the opposite lane as the left side of the instant vehicle.

As a result, the Defendant, by occupational negligence, stopped and escaped without taking necessary measures, such as providing relief to the victim, even though he/she suffered injuries, such as salt, tension, etc., in the front line of the light that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of B vehicle photographs and on-site photographs Acts and subordinate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 268 of the Criminal Act; the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Considering the fact that the defendant again committed the instant crime even though he/she had the criminal history due to the vehicle operation, such as the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act, etc., the reason for sentencing under Article 62-2 of the Criminal Act, a serious punishment against the defendant shall be imposed.