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(영문) 부산지방법원 2013.07.09 2013고단1417
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a new technology venture car in C.

On November 12, 2012, the Defendant driven the said car without a driver's license on November 20, 2012, and continued to drive the said car at approximately 20 km in front of the luxe-dong Electronic City, Geum-gu, Busan.

The Defendant had the duty of care to maintain the safety distance with the vehicle in front and to prevent the accident by safely driving the vehicle in front, because the Defendant followed the E-learning vehicle driven by the victim D (the age of 28) prior to the same lane.

Nevertheless, the Defendant neglected to proceed as it is, while driving the vehicle, received the above-standing passenger car standing in order to turn the vehicle to the front line of the said new car.

The Defendant, due to the above occupational negligence, sustained each injury to the victim F (the 31 year old), who is the passenger of the above-learning passenger car, such as salt ties and tensions, which requires approximately three weeks of medical treatment, and suffered from each injury such as c56,792 won of the repair cost, such as exchange of the back-learning passenger car, while stopping the above fright passenger car without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. The actual condition of traffic accidents;

1. Registers of driver's licenses;

1. Each written diagnosis;

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, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 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. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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