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(영문) 부산지방법원 2018.05.17 2018고단318
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year 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 low-speed car.

On November 23, 2017, the Defendant, around 23:19, proceeded with a road in front of the "D convenience store" located in Busan Jung-gu, Busan, with the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in a non-p square.

At this point, there was a duty of care to prevent traffic accidents by safely driving a motor vehicle, such as reducing speed and thoroughly driving a motor vehicle, because there were many pedestrians including victims E (n, 27 years of age).

Nevertheless, the defendant neglected to do so and led the defendant's vehicle to the right side of the victim's left side which moved the victim's vehicle to the right side of the damage.

Ultimately, even though the Defendant suffered salt, tensions, and tensions with the growth of a plant that requires approximately two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of traffic accident reports (on-site survey reports), investigation reports (on-site damage to vehicles and vehicle photographs), investigation reports (Attachment of diagnostic documents), investigation reports (Attachment of on-site photographs), investigation reports (Attachment of On-site photographs) and Acts and subordinate statutes to the Act and subordinate statutes;

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;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da

1. Article 62(1) of the Criminal Act of the suspended execution (the following factors are stated as the grounds for sentencing, etc.)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria (the recommended punishment);

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