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(영문) 부산지방법원 2015.11.25 2015고단6162
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant is a person who is engaged in driving a K5-car.

On August 7, 2015, the defendant driven the above car at around 20:58, and led the road in front of the D Hospital C located in Busan Seo-gu, Busan, to the multi-faceted air gate from the wallsan apartment apartment.

At that time, the Defendant was stopping FNF Bata taxi driven by the victim E (the age of 45) for signal waiting, and thus, in such a case, there was a duty of care to reduce speed and prevent accidents in advance by ensuring safety distance with the vehicle ahead, while the person engaged in driving the vehicle is well living together.

Nevertheless, the Defendant neglected this and failed to secure the safety distance with the vehicle ahead and proceeded without securing the safety distance with the vehicle ahead, and caused the back part of the said cab to the front part of the said K5 vehicle.

The Defendant, by the foregoing occupational negligence, sustained injury to the victim E, such as salt, tension, etc. in need of medical treatment for about two weeks, and suffered injury to the victim G (28 years of age) who was on board the said taxi as a customer, such as climatic salt, etc. requiring medical treatment for about two weeks, and at the same time, escaped without taking measures such as providing relief to the victims, even though the victim E’s back-cliers, etc. of the said taxi, which is the victim E, are damaged to exceed KRW 531,80.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against the accused (Evidence No. 21);

1. Statement to E by the police;

1. A written statement of the occurrence of each traffic accident in E and G preparation;

1. Application of each of the Acts and subordinate statutes, such as a traffic accident report, a traffic accident report, on-site photographs, closure of an accident vehicle black image, vehicle photographs, etc.;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act.

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