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(영문) 부산지방법원 동부지원 2016.11.24 2016고단1920
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, 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

The defendant is a driver of the ecuas car B.

On August 18, 2016, at around 02:25, the Defendant: (a) drive the said car on the side of the front of the convenience store located in Busan Metropolitan City captain C, with the front of the convenience store, and led to the right-hand bypass.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle safely by accurately operating the steering direction and brake system by reducing speed and by properly examining the right and the right and the right of the road.

However, the Defendant neglected to do so and tried to stop immediately to the right side of the victim E-driving where the Defendant had stopped at the right side of the right side of the F-Abeon vehicle in front of the above convenience point, and had the victim G (23 years old and female) on board the damaged vehicle due to shocking the left side side of the Defendant’s vehicle into the right side side of the victim’s vehicle, suffered from the injury of chills, tensions, etc. requiring treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding the damaged vehicle, even though the damaged vehicle was damaged to repair cost of KRW 801,90,00, even though it was damaged to repair cost of KRW 801,90.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of E and G;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Criminal Act (the point of action to be taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the criminal defendant's responsibility for sentencing under Article 62-2 of the Criminal Act is heavy, the defendant is led to confession, the degree of damage of the victim is minor, and the victims and the reasons for sentencing under Article 62-2 of the Criminal Act.

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