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(영문) 부산지방법원 동부지원 2013.03.27 2013고단437
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving of B bitr cargo vehicles.

On December 15, 2012, the Defendant driven a cargo truck from the above Twiter on the 21:05th day of December, 2012, and proceeded in the direction of the luminous intersection from the direction of the new vessel wharf.

Since the above road was an intersection with signal apparatus installed, the defendant, who is engaged in driving of the cargo vehicle, was in violation of the duty of care to safely drive the said e-mail, committed an act of occupational failure in violation of the signal and thereby having entered the said intersection in the direction of the United Nations Cemetery in accordance with the Mail Ma-ho, which entered the said intersection in violation of the signal, and the victim C (C, South, 43) who entered the said intersection in the direction of the e-mailbbbbbbbbbb, and entered the front part of the cargo vehicle of the said e-mail, and took approximately 6 weeks off the above e-mail back back to the cargo vehicle, and suffered the right-hand e-mailed e-and g3 years of age to receive approximately 2 weeks medical treatment, and did not immediately stop the said cargo vehicle and take necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime; and

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction heavier than a fine, the degree of damage caused by the accident in this case is not heavier than that of the fine, the purchase of a comprehensive insurance policy, and the deposit of money for victims, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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