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(영문) 부산지방법원 2014.12.15 2014고단7923
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 BM5 car.

On August 21, 2014, the Defendant driven the above car at around 18:20, and led the two-lane of the two-lane in front of the D Hospital located in Geum-gu, Busan to a speed of about 20km from the industrial road to the market price.

In such cases, a person engaged in driving duty has a duty of care to accurately operate the brake system while driving on the front side and to safely drive it by adjusting the speed in advance.

Nevertheless, the Defendant neglected this and received a F SPP motor vehicle behind the FPP vehicle driven by the injured Party E (V, 58 years old) in front of the said SM5 vehicle, and the said SM5 vehicle was pushed forward by the injured Party G (V3 years old) with the front driver while the said SP motor vehicle was pushed forward in the future, and received the rear part of HPP and the next part of the passenger vehicle driven by the injured Party G (V3 years old).

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim E, such as salt panions, etc. in need of treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the victim, even though the repair cost of the above SP car is at least KRW 1,547,836, and the repair cost of the above SP car and the above EP car to the extent of KRW 760,362,00,000,000,000,000,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. An accident inspection report, a survey report, and a photograph of damaged vehicles;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 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 failing to take measures after the accident);

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

1. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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