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(영문) 부산지방법원 2019.06.26 2019고단1358
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 three 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 low-priced vehicle B.

On March 9, 2019, the Defendant driven the said car without obtaining a driver's license on March 14, 2019, and came to proceed to the south-do from the Cheongju-dong side of the Cheongju-dong in accordance with the three-lanes in front of the D cafeteria located in Geum-gu, Busan.

There is a duty of care to ensure the safety distance for the person engaged in driving service, such as securing and operating a sufficient safety distance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received the front part of the Defendant’s driving car following the Fpoter car of the victim E (W, 32 years old) driving which was in the atmosphere of the signal.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim E, such as salt, tensions, etc. of the horse in need of approximately two weeks of medical treatment, and sustained injury to the victim G (the 34 years old) who was accompanied by the said tetetete car in light of the tetetesen’s salt, tensions, etc. requiring approximately two weeks of medical treatment, and escaped without taking measures such as providing relief to the victim, etc., even though the Defendant destroyed the said tetesen’s car to cover KRW 390,234 of the repair cost, such as cutting away from the tesen’s gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report and a written statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime, and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the relevant criminal facts and the choice of punishment are applicable;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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