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(영문) 부산지방법원 서부지원 2018.10.10 2018고단912
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 a motor vehicle B. A.I.D.

On February 15, 2018, the Defendant driven the above car at around 13:50 on February 15, 2018, and attempted to change the four-lanes from among the four-lanes to the front airport of Gangseo-gu Busan, Busan, to the first one-lane while driving from the clear to the Kimhae Airport.

In this case, there was a duty of care to not change course when it is likely to obstruct the normal passage of other vehicles running in the direction of the change.

Nevertheless, in order to avoid an accident with the said vehicle driven by the Defendant, the Defendant changed the two lanes from four lanes in group to one lane, and the Defendant changed the direction to the left to the left in order to avoid an accident with the said vehicle driven by the EM5 passenger vehicle driven by the Defendant, and changed the vehicle to the left part to the right part of the victim FF (n, 45 years old) waiting for the signal to turn to the left to the left due to the shock.

Ultimately, the Defendant, by occupational negligence as above, suffered from the victim F of the victim’s disease requiring approximately two weeks’ medical treatment, and at the same time, caused damage to the above SM5 passenger vehicles, the market price of which is unknown, and escaped without taking necessary measures, such as aiding and abetting the damaged party.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. A traffic accident statement of the F;

1. A survey report, a black fluor video fluor and a photo and a video fluoric image fluor;

1. A certificate of medical treatment and a medical certificate;

1. A criminal investigation report (victim D’s statement, etc.) / The Defendant did not know at all that the instant accident occurred due to the Defendant’s negligence at the time of the instant accident, and the criminal intent of the measures to escape and to be taken after the accident is committed.

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