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(영문) 부산지방법원 2019.06.12 2019고단882
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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 service B 124CC.

On January 19, 2019, at around 21:40, the Defendant, at the end of Busan, proceeded from the direction of the audit distance, one way ahead of the Daehan located in Busan, Jin-gu, to the E apartment. In such a case, the Defendant had a duty of care to check whether a person engaged in driving service has a road to reduce the speed and to see 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 and the right and the right and the right and the right and the right and the right

Nevertheless, as the Defendant neglected to do so and proceeded along, the Defendant was on the right side of the victim F (the age of 51) who was standing on the port from the right side of the direction of the Defendant’s proceeding, and was on the front side of the front side of the Defendant’s driving.

Ultimately, even though the Defendant suffered from an injury to cages at least 6 weeks of medical treatment due to the above occupational negligence, he immediately stopped and escaped without taking measures such as aiding the victims, even though he did not immediately stop.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Scenesics of the accident site or CCTV images to captures;

1. Application of Acts and subordinate statutes on the report of internal accidents;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances described in the grounds for sentencing);

1. Scope of punishment by law: One to thirty years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [the decision of type] of traffic crime after traffic accident [the category 1], and escape [the special person] mitigation element after bodily injury [including a serious effort to recover damage]: In the area of mitigation [the recommended area and the scope of recommended punishment], six months to one year [the range of recommended punishment revised according to the applicable sentences].

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