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(영문) 부산지방법원 2018.09.05 2018고단2682
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2018, the Defendant: (a) driven by Cone Star Co., Ltd. around 16:00 and 420 degrees at the intersection in Busan-gu, Busan-do; (b) led to the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes at the Busan-gu, Busan-do; (c) obstructed the center line from the opposite side to the opposite one; and (d) obstructed the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the road; and (d) did not immediately stop and take necessary measures, such as providing relief.

Summary of Evidence

1. Statement by the defendant in court;

2. A written statement on the occurrence of D traffic accidents;

3. A traffic accident report (the actual survey report);

4. A copy of a medical certificate.

5. Application of Acts and subordinate statutes to report an investigation to the prosecution (to hear statements from victim D phone calls);

1. Relevant legal provisions concerning criminal facts;

(a) The point of escape after an injury is inflicted on duty: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act;

(b) Actions not taken after an accident: Articles 148 and 54(1) of the Road Traffic Act;

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier).

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. The sentencing criteria do not apply in the case of each of the instant offenses in which the sentencing criteria are not applied in relation to ordinary concurrences.

In this case, the victim who was faced by the defendant while driving a motor vehicle at the intersection, was living in the opposite direction.

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