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(영문) 부산지방법원 2019.03.06 2018고단3667
특정범죄가중처벌등에관한법률위반(도주치상)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of BMW car.

On March 23, 2018, the Defendant driven the above car on March 20, 2018, and driven the same road in front of the D convenience points located in the Busan Young-gu C, Busan, at an irregular speed from the area of the E hospital to the direction of the zero-line.

Since the victim F (8 years of age) was found to have parked along the crosswalk at the bend of the bend of the bend of the bend of the road, and the victim F (8 years of age) was found to have attempted to collapse the road, the vehicle driver had a duty of care to take care of the front of the road and reduce the speed, and to prevent the accident in advance by safely examining the movement of pedestrians.

Nevertheless, the Defendant neglected to stop driving the road as it was, and found the victim late to sprink the road, and operated it to avoid this time. However, the Defendant failed to take the measure, and received the part of the victim’s left side bucks.

Although the Defendant, by such occupational negligence, suffered injuries, such as knee, knee, knee, and other injuries in the detailed part of knee, tension, etc., the Defendant immediately stopped and escaped without taking measures, such as aiding and aiding the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related to F and G;

1. A traffic accident report;

1. Each photograph;

1. A medical certificate;

1. The CD;

1. A report on investigation (the sequence 20 of evidence list);

1. Application of Acts and subordinate statutes governing hospitalization;

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

1. Mitigation of discretionary mitigations Articles 53 and 55 (1) 3 (Consideration of circumstances deemed to be the following reasons for sentencing):

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

1. Article 62-2(1) of the Criminal Act regarding community service order;

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