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(영문) 부산지방법원 서부지원 2018.09.19 2018고단1073
특정범죄가중처벌등에관한법률위반(도주치상)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

The Defendant is a person who is engaged in driving a small-scale car B.

On April 16, 2018, the Defendant driven the above car at around 22:40, and got a right turn to the left right turn from the two-lanes of the two-lanes in the front side of the present elementary school from the multi-purpose apartment bank located in the Seo-gu Busan Metropolitan City.

As such, the Defendant, who makes a bypass at the first lane of the two lanes, had a duty of care to take place while driving along the right edge of the road after he well sees the front, rear and left of the road, and changing the vehicle into the second lane.

Nevertheless, the Defendant neglected such duty of care and failed to properly operate the steering gear and operating the steering gear, and tried to make a right-hand bypassing the steering gear and the steering gear on the two-lanes, and the victim C (35 years old) who is proceeding on the two-lanes at the time, was placed in the front of the right-hand side of the motor vehicle driving by the victim C(35 years old).

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as scam scams in need of treatment for about three weeks, and at the same time, escaped without taking necessary measures, such as aiding the damaged party, even though the said scam car owned by the said victim was damaged to be in an amount equivalent to KRW 1,228,370.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on traffic accidents and a survey report on actual condition;

1. A written diagnosis of injury;

1. Written estimate;

1. Each report on investigation;

1. Application of each statute on photographs;

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 occupation of any measure that is not taken after destroying goods on duty and on duty);

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 subparag. 1 subparag. 3 of the Criminal Act (the following):

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