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(영문) 부산지방법원 서부지원 2021.03.19 2020고단2334
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 Bchip car.

On May 13, 2020, the Defendant driven the above vehicle at around 15:04, and driven the two-lane road in front of the D, located in Busan, Seocheon-gu C, and proceeded at about 50km each hour from the frontmost to the new wall along the two-lanes.

At the same time, there was another vehicle waiting for signal at the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation

Nevertheless, the defendant neglected to stop in the air at the front of the defendant's vehicle due to negligence and led the victim E (40) who was driving a F F Poter Cargo in the front part of the passenger vehicle driven by the defendant, and due to the shock, the above Poter's cargo vehicle is now pushed in the front part of the above Poter's passenger vehicle, and as the front part of the above Poter's G (44 years) which was parked in the front part of the above Poter's cargo vehicle, the defendant got the H Poter's H Poter's vehicle driven in the front part of the above Poter's passenger vehicle.

Ultimately, even though the Defendant by occupational negligence inflicted an injury on the victim E, such as the base and tension of a drilling that requires approximately two weeks of medical treatment, and suffered injury to the victim G, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victims, even though he/she did not suffer from an injury to the victim G, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, and I;

1. A traffic accident report and a written statement on the occurrence of a traffic accident;

1. On-site photographs of the accident vehicle;

1. A report on internal investigation (investigation into the circumstances, etc. of escape of the relevant witness);

1. Application of Acts and subordinate statutes of a medical certificate;

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 criminal facts concerned are the ordinary concurrent crimes.

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