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(영문) 부산지방법원 동부지원 2015.05.14 2015고단394
특정범죄가중처벌등에관한법률위반(도주차량)
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 a person who is engaged in driving a frozen vehicle B.

On February 14, 2015, the Defendant driven the said freezing vehicle around 14:00, and driven the said freezing vehicle from the Busan metropolitan transportation Daegu Metropolitan Government, to the front river of the Suak apartment, the Defendant proceeded from the shipping side to the side of the marine traffic zone about about 60km in speed, depending on the two-lanes between the three-lanes.

Since there are many places in which a vehicle is operated, there was a duty of care to safely drive a vehicle by reducing speed and checking the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line into one lane, and thereby, took part of the victim C(W, 43 years old) driving D's right side side of D's spke car into the left side side of the frozen vehicle driving by the Defendant.

As a result, even though the Defendant suffered from an injury, such as catum salt, which requires treatment for about two weeks, due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report, a report on internal investigation, and a report on internal investigation, along with a black image;

1. Application of Acts and subordinate statutes of a medical certificate;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s age, character and conduct, the environment, the circumstances leading to the Defendant to commit the instant crime; and (b) the various sentencing conditions as stipulated in Article 51 of the Criminal Act, including the circumstances before and after the instant crime.

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