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(영문) 부산지방법원 2016.10.28 2016고단4017
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a flag fluor B.

On April 23, 2016, the Defendant, while driving the said freezing vehicle on April 20, 2016, was temporarily stopped at the entrance door of the naval apartment located in Busan Sagu, Seo-gu, Busan, but proceeded again.

At the time, the apartment was the entrance of an apartment with frequent traffic, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left, and left and right of the driver of the vehicle, and accurately manipulating the brakes and steering gear.

Nevertheless, the Defendant neglected this and failed to accurately operate the brakes and steering gear, which led to the negligence of the Defendant’s failure to stop the freezing vehicle in the process of leaving the freezing vehicle for the Defendant’s operation, and the part of the Defendant’s driving (50 years old) in front of the Defendant’s driving, which was stopped later, was shocked into the part of the Defendant’s driving, following the freezing vehicle for the Defendant’s operation.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about 21 days by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the said SM5 vehicle, even though it damages approximately 513,748 won for repairing costs, and without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Vehicle photographs;

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, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of penalty;

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