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(영문) 부산지방법원 2018.10.19 2018고단2156
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of D Cos or automobiles.

On April 19, 2018, the Defendant driven the above vehicle at around 21:53 on April 19, 2018, and proceeded with the first way in front of the two-lane apartment in Busan, Busan, Busan, Busan, to the elementary school to be mobilized on the side of the ship.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the traffic situation on the front side and the right side and the right side and the right side and the right side and the right side, so that the driver does not violate the news report.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle on the right side of the victim E (the 67 years old, n, and n) who walked on the right side of the above vehicle and got the victim into the right side of the above vehicle, thereby damaging the victim into the ground, and then walking the victim on both sides and the sponse spons (the need for treatment of approximately 2 weeks) depending on the sidewalk, and suffered the victim C (the 71 years old, n and n) (the need for treatment of the above vehicle) who walked on the right side of the vehicle to avoid the above vehicle, and tried to stop immediately, without taking any measure to rescue the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to a survey report, internal investigation report (at least 2:13 times a year), each photograph/cinematographic output (including black stuff images), seizure and list, tea-book, diagnosis report, investigation report (at least 18 times a year);

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 committed;

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

1. Imprisonment with prison labor for each option;

1. Reasons for sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation [the scope of recommendation] The illegality of sentencing in Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation lies in the increased area (one year to three years) in Article 3(2) (excluding the proviso of Article 3(8) of the same Act after traffic accidents.

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