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(영문) 부산지방법원서부지원 2020.11.27 2020고단961
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of Bone Star Co., Ltd.

Around 00:50 on December 5, 2019, the Defendant driven the above van, and proceeded along the three-lane road in front of the Busan Seo-gu, Busan, along the one-lane from the direction of the extension forest to the multi-purpose bathing beach.

At the time, there are nights and places where U.S. is prohibited in the direction of the defendant's proceeding, so there was a duty of care to make a person engaged in driving service thoroughly and to make a U.S.-turn at the point where the U.S. is permitted.

Nevertheless, the defendant neglected to do so and did so at a place other than the permitted point of U-turn, and tried to overtake the defendant on the left side of the defendant's proceeding direction, and received the victim's d (ma, 41 years old) driving beyond the floor.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained a video that requires approximately six weeks of medical treatment, and at the same time, escaped without stopping the victim and providing relief to the victim, even though the victim damaged the victim’s c.1.40,000 won of repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the provisions of the Acts and subordinate statutes on traffic accident reports (12 report processing table, investigation report by police officers on dispatch, etc.), investigation report (verification, etc. of the video records of the reference vehicle), photograph investigation report (written estimate and copy of the insurance policy attached to the victim's off-to-land and the copy of the insurance policy), written statement of the police statement of the D, written statement of traffic accident report (written investigation report) and written diagnosis of the D, written investigation report (written investigation report

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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