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(영문) 부산지방법원 2016.08.26 2013고단4237
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person who is engaged in driving a motor vehicle with a DNA test.

On June 29, 2013, the Defendant driven the above car at a speed of about 10 km to that of the speed of 10 km from the front side of the F cafeteria E in Busan, by driving it on June 29, 2013.

At the same time, commercial buildings are adjacent to each other and have many pedestrians, so there was a duty of care to check whether there is a person who gets on the way to reduce the speed and see the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the defendant neglected this and did not discover the victim G (52 ) who walked on the right side of the direction of the opposite direction of the opposite direction by negligence of the defendant, and did not discover the victim G (52 ) and took the front wheel part of the defendant's vehicle with the front wheel part of the victim.

The Defendant, due to the above occupational negligence, committed suicide without immediately stopping the victim and providing relief to the victim, while suffering from the injury to the 5th part of the right-hand pelvis, which is in need of approximately five weeks of treatment, and without taking necessary measures.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the car as set forth in paragraph 1 without obtaining a driver’s license at the date and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of traffic accidents in G preparation;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively, for a crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 Section 2 and Article 50 of the Criminal Code [the sentence shall be heavier.]

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