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(영문) 부산지방법원 동부지원 2012.11.28 2012고단2991
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a halog car.

On February 15, 2012, the Defendant driven the above car at around 15:15 on 201.2.21.206, and came to go directly from the king apartment to the oil station of the new village.

There is an intersection where a signal, etc. is installed, so in such a case, there was a duty of care to reduce the speed to those engaged in driving of the motor vehicle and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and proceeded as it is, while driving on the stop signal of a vehicle, sent from the 3rd apartment apartment, to the new village oil station by the victim E (the age of 40) who was driving from the 3rd apartment to the intersection in accordance with the new line, the front right-hand motor vehicle part of the front right-hand motor vehicle is shocked with the front right-hand wheels and fences of the Defendant's vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and at the same time, escaped without stopping the car owned by the victim to the extent of 652,564 won, such as the exchange of the front-hander, and thereby destroying the car to the extent of 652,564 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on investigation (a written diagnosis and written estimate);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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;

1. Selection of imprisonment with prison labor chosen;

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

1. A passenger car driven by the Defendant under Article 62(1) of the Criminal Act shall be suspended of execution.

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