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(영문) 부산지방법원 동부지원 2018.04.18 2018고단136
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 09:30 on August 31, 2017, the Defendant: (a) driven the Eland Kaland without obtaining a driver’s license from around about 10km to around D underground parking lots located in the Dong-gu Busan Shipping Daegu, Busan; (b) the Defendant driven the Eland Kaland without obtaining a driver’s license from around 00km to around 10km.

2. Around August 31, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Act on Road Traffic (or the United States after an accident) led the Defendant to drive the Eland of Grandland on August 31, 2017 and proceed to the front road of the F building in Busan Metropolitan City as the front road of the F building in Busan Metropolitan City as the front section of the Maritime Department from the urban bank located in lieu of marine transportation.

In such cases, the driver has a duty of care to operate safely by accurately operating the steering direction and brake system by properly examining the steering direction and the left and right of the driver.

Nevertheless, by negligence, the Defendant neglected this to take part of the back of the victim G (MW driver), who was directly in front of the direction of the passing of the vehicle for the Defendant, and got on the part of the victim G (MW driver), with approximately four weeks of the back of the passenger car. At the same time, the Defendant did not immediately stop the damaged vehicle and absconded without taking measures such as aiding the damaged person, even though the damaged vehicle was damaged to have an amount equivalent to KRW 6,432,88,00,000 for repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of Acts and subordinate statutes to the register of driver's licenses, such as traffic accident reports (1), (2), vehicle photographs, field photographs, visual images, and images to the register of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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