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(영문) 부산지방법원 동부지원 2015.07.02 2015고단776
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 19, 2015, the Defendant, who is engaged in driving a observer car B, driven the above vehicle at around 00:40 on April 19, 2015, and operated the D cafeteria in front of the D cafeteria located in Busan Southern-gu, with the speed of about 60km from the boundary of the large intersection to the reduction of the speed.

At the time, since the driver was at night and coming from rain, there was a duty of care to prevent accidents in advance, such as not driving a person engaged in driving, and operating safely by accurately manipulating the steering system and brakes of the vehicle.

The Defendant neglected this and stopped the center line at a one-lane of the opposite vehicle and stopped in the opposite vehicle and received the front part of the left side of the vehicle driven by the Defendant, which the victim E (hereinafter referred to as 28 years of age) was driving.

Ultimately, the Defendant, by negligence in the above occupational negligence, got the victim E and the victim G (the 35-year-old) (the son) of the bones of wood, tension, etc. in need of medical treatment for about three weeks, and got the victim H (the son, the 54-year-old) of the same son, to receive repair costs of approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim, by stopping and maintaining the vehicle at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Statement of traffic accident occurrence situation in preparation E;

1. A traffic accident report;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation;

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