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(영문) 부산지방법원 서부지원 2018.06.15 2017고단1377
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cone Star Motor Vehicle.

On May 9, 2017, the Defendant driven the above car at around 20:00, and led the Defendant to proceed to the south side of the Mat in front of the Mat in Busan, Seo-gu.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by driving motor vehicles in a safe manner by accurately operating the front side and the left side and the left side.

Nevertheless, the Defendant neglected to stop on the right side of the Defendant’s driving direction by negligence, and the victim F (54 years old) who was standing on the right side of the Defendant’s driving direction was on the G salary and the left door of the truck was on the front side of the Defendant’s driving vehicle.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salvinal salt, etc. in need of approximately two weeks of treatment, and at the same time, destroyed the said truck so that 570,000 won of repair expenses and escaped without immediately stopping the victim and taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of the sentencing guidelines] - The basic area (from August to June) of the first type (the escape after injury) shall be the escape after traffic accidents - In the case of driving under the influence of alcohol, etc. - The person who is subject to special mitigation: the person who is not subject to punishment [the decision of sentence] was subject to traffic accidents where the defendant was driving under the influence of alcohol, and the driving under the influence of alcohol will be dismissed.

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