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(영문) 부산지방법원 동부지원 2019.06.12 2018고단2501
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 the operation of the Grandroth in B.S.

On October 14:50 on October 3, 2018, the Defendant driving the above vehicle, leading one lane from the two-lanes in front of the entrance of the luminous tunnel for the urban highway located in the Young-gu, Busan to the luminous tunnel.

The course has changed into two lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely change the lanes by taking into account the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected this and led to the Defendant’s failure to change the course of the Defendant’s vehicle, which led to the two-lanes of the same direction as the Defendant’s vehicle of the Victim C (A. 55 years old) driving in the same direction as the Defendant’s vehicle, and the parts of the victim’s D SP car in front of the left side and the even parts before the left side of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury to salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping the damaged vehicle’s car, even though it damages the repair cost, such as even destruction before the left-hand side of the D SPP car, to take necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report (1) (2), photograph of an accident vehicle, report on internal investigation, medical certificate, and written estimate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation.

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