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(영문) 부산지방법원 동부지원 2012.12.26 2012고단3335
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 has been engaged in driving of freight B.

On August 26, 2012, the Defendant driven the above vehicle on August 26, 2012, and the house in front of LH real estate located in the Southern-gu Busan Metropolitan City was proceeding alley path from the side of the Busan Metropolitan City Museum to the National Agricultural Cooperative.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side and to accurately operate the steering and brake system.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding at the front direction of the same proceeding and was driven by the victim C(59 years of age) who was driven by the victim C(59 years of age) in the same direction.

The Defendant, by such occupational negligence, destroyed the victim E (age 33) and the victim F (age 20) on board the damaged vehicle, respectively, by taking around approximately three weeks of medical treatment, and attempted to escape without taking any measure, even though the Defendant damaged the damaged vehicle’s repair cost amounting to KRW 2,054,015, such as the exchange of fribs, etc. on the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Statement to C by the police;

1. Each written diagnosis of C, E, and F;

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 by applicable law;

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 on the suspended execution (Consideration to the fact that a passenger car driven by the defendant is covered by a comprehensive insurance and the extent of damage is relatively minor);

1. Social service order under the Criminal Act;

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