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(영문) 부산지방법원 2015.06.10 2012고단7960
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving Cone Star Co., Ltd.

On June 15, 2012, the defendant driving the above van without obtaining a driver's license on June 17, 2012, and driving it along the three-lane road in front of the Kado apartment in the Seocheon-gu, Busan.

At that time, the Defendant, prior to the same direction, was followed by the E-hived passenger vehicle driven by the victim D (n, 35 years old). Therefore, the Defendant was obliged to take a duty of care to ensure safety distance to avoid when the said vehicle stops.

Nevertheless, the Defendant neglected to do so at the front of the passenger vehicle operated by the Defendant due to negligence in the front city, and received the following part of the passenger vehicle from the front part of the passenger vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt panions, which requires treatment for about two weeks by occupational negligence as above, while at the same time, the Defendant destroyed the said Aburged vehicle and escaped without taking measures, such as stopping the vehicle and providing relief to the victim, in order to ensure that the repair cost equivalent to KRW 451,110, such as the exchange of ribanes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement prepared by the D, F, and defendant;

1. Application of Acts and subordinate statutes to a traffic accident report, photograph, internal investigation report (on owner of a vehicle), diagnostic certificate, estimate of general repair expenses, and investigation report (report on attachment to the register of driver's license);

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), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Imprisonment with prison labor for choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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