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(영문) 부산지방법원 동부지원 2021.01.15 2020고단1912
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On June 7, 2020, the defendant driving a BM5 car around 17:30 on June 7, 2020, led to the driving of D's front distance in Busan Southern-gu C in the direction of the E's full distance.

Since there was an intersection with a signal apparatus, the driver of a motor vehicle has a duty of care to safely proceed in accordance with the front section of the road. However, due to the negligence that the driver neglected to perform his duty to safely proceed along the front section of the road, the driver of the motor vehicle caused the victim F (F. 308 years old) driving G food 308 driving on the right side of the motor vehicle of the defendant, driving through the intersection in the direction of the left side in accordance with the Mad-ho signals.

The Defendant, who is the driver of the victimized vehicle, sustained the injury by the victim F, the victim H (the 6-year old, the passenger), the victim I (the 3-year old, South and the 3-year old, etc.) who is the passenger of the above accident, for each two-day medical treatment, such as chills, tensions, tensions, etc., and escaped from the scene without taking any measures at the time of the accident, even though the damaged vehicle was damaged by the 5,149,000 won of repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report (1) and (2) to a written report on internal investigation of a traffic accident (a written diagnosis and written estimate);

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 concerning criminal facts (the point of absence of measures after an accident) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The contents and degree of damage of the instant crime committed by the Defendant on the grounds of sentencing under Article 62-2 of the Criminal Act, who committed a traffic accident while driving a vehicle in violation of the signal, without taking any measures to inflict personal and physical damage.

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