logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2012.10.23 2012고단6723
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

On June 15, 2012, the Defendant: (a) was a driver of the DWW car; (b) on June 15, 2012, the Defendant driven the said car at around 01:27, while driving the said car at around 01:0, two lanes, which are four-lanes in Busan Seo-gu, Seo-gu, Seo-gu, and traveling at the speed of the said car at an insurbing speed from the vicinity of the said car, the Defendant was negligent in neglecting the said car at front of the said car, thereby taking the part behind the E driver’s car sent ahead of the Defendant’s moving direction. At the same time, the Defendant was able to receive injury, such as chilled surfs, which require the repair of the damaged vehicle, and then stop immediately after the exchange of the damaged vehicle and take necessary relief measures, such as speeding KRW 435,490.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of each police statement concerning E and G;

1. Application of written estimates and written diagnosis to statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act (the point of driving a motor vehicle) and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has agreed with the victims and that the defendant is against the victim);

1. Article 62-2 of the Criminal Act concerning orders to provide community service or attend lectures;

arrow