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(영문) 부산지방법원 2020.11.18 2020고단3732
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

On August 22, 2020, the Defendant driving a B B B B B chip car on August 22, 2020, and driving the D Bank building located in Busan Dong-gu C at a speed of about 5 to 10km in the direction of the crime day on the front of the D Bank building located in Busan Dong-gu C.

At the time, there are many automobiles temporarily stopped around the road, which is one-way road, and thus, there were many times of duty of care to safely drive by checking whether there are other automobiles or pedestrians behind the direction of the driving prior to the moving of the vehicle to the person engaged in driving service.

Nevertheless, the Defendant neglected to perform his duty of care at the later time, and neglected to take the customer behind the direction of the Defendant’s proceeding, the Defendant fell into the part above the left side of the victim E(56 years old) drive, which was stopped, and the part above the fences and fences of the Defendant’s driver’s driver’s car, to leave the customer behind the direction of the Defendant’s proceeding.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment by occupational negligence as above, and at the same time, destroyed the said rocketing car to fall under KRW 582,701 of the repair cost, and escaped without immediately stopping the said car and taking necessary measures.

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements, investigation photographs on the scene of an accident, CCTV evidence records, CCTV image maintenance and inspection specifications, and diagnosis reports on the defendant's legal statement E;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommending punishment according to the sentencing criteria (the determination of types) shall be limited to traffic crimes;

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