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(영문) 부산지방법원 2014.09.26 2014고단4768
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than one year and 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

On March 25, 2014, the Defendant was driving a CK7 car as of March 25, 2014, and was driving in the vicinity of the CK7 car at the intersection of the East-gu, Busan, the front of the CK road was driving along the two-lanes from the intersection of the East-gu to the intersection of the East-do.

There are places where traffic is controlled according to the new code, and crosswalks are installed, so the defendant has a duty of care to safely drive according to the new code.

Nevertheless, the Defendant, by negligence in contravention of the signal, left the right side of the crosswalkd body part of the victim D (n, 35 years old) to the left side, was placed in front of the said vehicle, and caused the victim to suffer about 8 weeks of treatment, but failed to immediately stop the vehicle and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs, each written diagnosis, and motion pictures at the time of an accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act (including the fact that efforts have been made for the recovery of damage);

1. The Defendant, a two-dimensional punishment under Article 62-2 of the Social Service Order Criminal Act, was driving with drinking alcohol and went away from the scene without taking any measures to put the victim, who dried the crosswalk in violation of the signal.

As a result, the victim was in danger of losing his/her life due to the second accident during one night.

After that, the defendant returned to the accident site again and reported that the victim was rescued by another person, but he did not notify that he was a person who has caused the accident.

The degree of fault of the defendant, the degree of damage to the victim.

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