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(영문) 부산지방법원 동부지원 2015.12.16 2015고단1745
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On June 7, 2015, the Defendant driven the above car on June 20:11, 2015, and led the first lane of the three-lane road in front of the high village subway in Busan Metropolitan City, Daegu Metropolitan City, to drive at an irregular speed from the breadth to the breadth.

At the time, there was a passenger car in front of the road that the Defendant was running, so in such a case, the driver had a duty of care to look at the front side and the left side well, and to accurately manipulate the steering and the steering system, thereby preventing the accident in advance.

Nevertheless, the Defendant neglected to do so and was negligent in driving the D taxi driven by the victim C(70 years of age) and received the part behind the said D taxi.

As a result, the Defendant suffered from an injury to the scopical scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Considering the fact that the reason for sentencing under Article 62(1) of the Criminal Act is not good for the crime of this case, strict punishment against the defendant is required.

However, the defendant's mistake is often divided into a first offender who has no criminal power.

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