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(영문) 부산지방법원 동부지원 2015.05.28 2015고단589
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 24, 2015, the Defendant, who is engaged in driving of BNS car, driven the above car on January 24, 2015, and driven it at a speed of about 50 km per hour from the front side to the front side of BNS tunnel at a point of 30 km located in Busan Southern-gu, Busan.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side and the left side well.

Nevertheless, the Defendant neglected to do so and negligently driven by the victim C(51) who was driving the car at the age of 51, and went away without immediately stopping the car at the age of 32,169,300 for repair costs, and without immediately stopping the car and taking other necessary measures, such as saving the victim, for about two weeks of medical treatment to the above NAC. The Defendant suffered injuries to YE (43 years of age), such as the impairment of the string and the string of other head parts requiring medical treatment for about three weeks of time, and at the same time, escaped without any necessary measures such as saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the occurrence of a traffic accident prepared by the F;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A report on investigation (a medical certificate and written estimate);

1. Application of the Acts and subordinate statutes to photographs of shocking vehicles and damaged vehicles;

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, Article 151 of the Road Traffic Act, as to the crime in question;

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

1. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be punished by imprisonment and the Road Traffic Act;

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