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(영문) 부산지방법원 동부지원 2021.02.18 2020고단1721
특정범죄가중처벌등에관한법률위반(도주치상)등
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 car in the B SP area.

On May 26, 2020, the Defendant driven the above car at around 03:44 on May 26, 2020, and came to go to the intersection from the south of the Republic of Korea to the intersection of the water.

Since there is a cross-section where signal lights are installed, there was a duty of care to drive safely according to good faith while driving a person engaged in driving service.

Nevertheless, the Defendant neglected this and went to the left from the right edge of the vehicle in a red signal in violation of the signal, followed by the Defendant’s failure to go to the right edge of the vehicle in question, to the right edge of the vehicle in front of the right edge of the vehicle driving by the victim E(49) driving by the Fsch Rex CT200h car driving by the Defendant from the right edge of the vehicle in question, to the left edge from the right edge of the vehicle in question.

Ultimately, the Defendant, by such occupational negligence, avoided the injury to the victim G (hereinafter referred to as the “victim”) who is a passenger of knex car with approximately two weeks of light tensions and tensions in need of approximately two weeks of medical treatment. At the same time, the Defendant destroyed the knex car and escaped without taking necessary measures, such as immediately stopping the knex car and aiding the injured party by immediately stopping it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation in the police statement protocol against G and E (the search in the H residence);

1. Reports on traffic accidents (1), (2) and reports on occurrence of traffic accidents;

1. Application of the CD-related Acts and subordinate statutes to each written diagnosis and written estimate for maintenance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after an accident) of the relevant Act;

1. Commercial concurrence;

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