(영문) 부산지방법원 동부지원 2013.04.17 2013고단516

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2013.04.17 2013고단516

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

Around 16:35 on February 5, 2013, the Defendant: (a) driven a car from Churbbed in Busan Shipping-gu, Busan; (b) proceeded from the shipping side to the port of the south-gu; (c) neglected to provide a e-vehicle in front of the Defendant’s vehicle at the front part of the Defendant’s vehicle due to the vehicle stop in front of the vehicle due to his occupational negligence; (d) caused the victim’s vehicle parked in front of the vehicle in front of the vehicle in front of the vehicle; and (e) caused the victim’s e-high speed car in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle; and (e) caused the victim in front of the vehicle in front of the vehicle in front.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F;

1. Statement of police statement related to D or F;

1. The actual condition survey report;

1. Investigation report (investigation into Gbbox images and investigation into luminous CCTVs);

1. A medical certificate;

1. Application of the written estimate statutes;

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 (the point of failing to take measures after destroying or damaging property);

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

1. Selection of imprisonment with prison labor chosen;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act (as the first offender, the degree of damage caused by the instant accident is not significant, and considering the fact that the victims agreed to do so, etc.), the instant accident occurred.

참조조문

-도로교통법 제54조 제1항

-도로교통법 제148조

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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