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(영문) 부산지방법원 2019.06.12 2019고단1382
특정범죄가중처벌등에관한법률위반(도주치상)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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

On February 16, 2019, the Defendant driven the said car without obtaining a driver's license on February 16, 2019, and led D's front road located in Busan Jin-gu C to the right intersection from the opposite side.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of those engaged in driving service and accurately manipulating the steering and steering system.

Nevertheless, the Defendant was negligent in neglecting that, while waiting for passengers before the right side of the direction of the Defendant’s proceeding, the part of the back side of the victim F (the 58-year-old personal taxi) who was waiting for the passengers was driven by the Defendant’s driving.

At the same time, the Defendant, by negligence on duty, sustained injuries to salt and tensions in need of medical treatment for about two weeks, and at the same time, did not immediately stop the said taxi so that 729,919 won, such as the exchange of spawns, can move back without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written diagnosis and written estimate;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes on black stuffs, photo-fluorics, field photographs after the accident, and shocking fluorics;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes under Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes under the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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