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(영문) 부산지방법원 2019.08.22 2019고단2270
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for three 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 K5-car.

On March 21, 2019, the Defendant driven the above car on March 21, 2019, and continued to proceed from the Jung-gu to the Young-gu, Jung-gu, Busan, which connects the Busan, Seodong-gu and the Young-gu, Busan, the two-lanes of the Busan, the Busan, Seo-gu.

Since there is a white solid line prohibiting change of course on the surface, there was a duty of care to safely drive the driver according to the sign.

Nevertheless, the Defendant neglected this and got off the part of the victim C(the age of 44) driving, which was operated in one lane by negligence over the white domin line and over the one lane, as the front part of the Defendant’s driving of the said car.

피고인은 위와 같은 업무상의 과실로 피해자에게 약 2주간의 치료가 필요한 경추부 염좌 등의 상해를 입게 함과 동시에 위 베라크루즈 승용차를 사이드 스텝 교환 등 수리비 601,610원이 들도록 손괴하고도 곧 정차하여 피해자를 구호하는 등 필요한 조치를 취하지 아니하고 그대로 도주하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Each traffic accident statement;

1. Reporting on the occurrence of a traffic accident, photographs of damaged vehicles, photographs of vehicles, photographic images of black stuffs, and reports on the traffic conditions;

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 former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act are as follows.

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