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(영문) 부산지방법원 동부지원 2013.10.15 2013고단2472
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On July 31, 2013, the Defendant driven the above van around 22:10 on July 31, 2013, and led to the intersection of the third line of the 3rd line in front of the KTF in Busan, Daegu, to the speed of about 60km from the breadth of the new city to the breadth of the transmission tunnel.

At the time, there was night and there was an intersection where signal lights are installed at the front of the road, so it is necessary to check whether a person engaged in driving service of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the front of the road, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the signal was changed to the stop signal, and the victim C driven by the left-hand turn from the opposite side of the direction to the left-hand turn, which was driven by the victim C, was shocked into the front-hand part of the left-hand side of the vehicle by the Defendant.

The Defendant, by negligence in the course of performing such duties, sustained injury to the victim, such as fluoral salt, which requires treatment for about two weeks, and at the same time, escaped without taking necessary measures such as aiding the victim, even though the repair cost of KRW 342,106, such as the front fluor, damaged the said taxi to the extent of the above fluor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written diagnosis and 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 (the point of failing to take measures after causing damage to property) 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. The fact that an agreement is reached with the victim under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the degree of injury or damage is relatively minor, and particular.

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