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(영문) 부산지방법원 2013.07.09 2013고단1498
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on April 17, 2013, and three years of probation (160 hours of social service) was finally decided on April 25, 2013.

The defendant is a person who is engaged in driving at C High Class III cargo vehicles.

On February 28, 2013, the Defendant driven the above cargo vehicle at around 23:30, and led to a three-lane crossing in front of the Samyang Steel at the bottom of the Busan Seo-gu, Busan, to drive at about 70km each hour between the four-lanes in the direction of the Simnyeong-dong in the direction of the Simyeong-dong.

Since there is a place where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive the vehicle in accordance with the new subparagraph after checking whether there is a motor vehicle that will turn to the left by reducing the speed and by properly examining the right

Nevertheless, due to the negligence of neglecting this, when the defendant's moving signal is changed to a stop signal, the victim D (the 46-year old) driven by the victim D (the 46-year old) who was to turn to the left from the direction of the Plundo Elementary School in accordance with the new subparagraph, was driven by the rear part of the cargo driven by the defendant.

As a result, the Defendant, by such occupational negligence, committed an injury to the victim D, such as climatic salt in need of approximately two weeks of medical treatment, suffered injury to the victim F (35 years of age) who was on board the damaged vehicle, such as climatic salt in need of medical treatment for about two weeks, and, at the same time, escaped without any measure such as stopping and providing relief to the victim, even though the repair cost equivalent to KRW 6,329,68, which was damaged to the degree of repair cost of KRW 6,329,68.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to D and F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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