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(영문) 부산지방법원 2018.10.18 2018고단3543
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

However, the execution of the above sentence 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 CMW530i.

On July 22, 2018, the defendant driven the above car around 09:10, and led the front road in Busan Jung-gu to the main hospital located in Busan Jung-gu.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected this and got off the part of the passenger car in front of the Defendant’s car, which was the part of the victim F(44 Do) who was driving the opposite lane due to the negligence of driving the central line.

Ultimately, even though the Defendant, by such occupational negligence as above, sustained the injury of the victim H (the 72-year old age), and the victim I (the 63-year old age), who was on a passenger car driven by the victim F and the victim F, due to approximately two weeks of medical treatment, she immediately stopped and escaped without taking measures such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the law of the police statement protocol to F;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act refers to the following: (a) the special mitigation area (3 to 1 year) (a person with a special mitigation) (a person with a special mitigation) in the area of special mitigation (including (1) and (2) ; (b) the defendant was not subject to any criminal history; and (c) the defendant was not subject to any criminal history; and (d) the defendant was aware of and against the fact of the crime.

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