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(영문) 부산지방법원 동부지원 2016.05.23 2016고단181
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 of a car XG in Category B.

On December 15, 2015, the Defendant driven the above car at around 15:45, and driven the D Company D in Busan Nam-gu, Busan, along with four-lanes from the 3-distance parallel to its intersection, the Defendant proceeded at an insular speed from the 4-lane parallel to the west.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate a motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, by negligence, the Defendant neglected to stop the vehicle in front of the signal waiting at the front of the victim E (43 tax) who was driving the F-wing and freight vehicle driving in front of the above Trae XG car, suffered injury to the victim, such as chromosome, tension, etc. requiring approximately two weeks of treatment, and also escaped without taking necessary measures, such as aiding and damaging the above wing and freight vehicle, so that the repair cost would amount to KRW 303,026.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Written estimate;

1. A medical certificate;

1. (1) The application of Acts and subordinate statutes to the report on traffic accidents;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) concerning the crime;

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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Although the reasons for sentencing in Article 62-2 of the Criminal Act are the accused's responsibility for the reasons of sentencing, the accused is against the accused, and the injured party agrees with the victim.

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