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(영문) 인천지방법원 부천지원 2014.01.24 2013고단3367

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 B car.

On 17:27 on 01. 01. 01. 17:27, the Defendant driven the said car at the point of 23 km from the 23km Highway and proceeded along the two lanes, and changed the lane into one lane.

In this case, the driver has a duty of care to operate direction direction, etc. to give notice of change of course, and to change the car line in the situation of traffic in the front and rear left.

Nevertheless, the Defendant neglected to do so and caused a centralized separation zone by making the victim C(50 years of age) driving a one lane due to the negligence of changing the lane to the left-hand side of the Defendant, which the victim C(50 years of age) was driving, to avoid a collision with the Defendant’s vehicle, and making the Defendant use the hand to the left-hand side.

The Defendant, by occupational negligence, sustained injury to the above victim C and the victim E (the 50-year-old age), which requires medical treatment for about two weeks, and at the same time, avoided repair costs, such as the exchange of the above victim with the victim, without stopping the vehicle to the extent that the damaged vehicle is damaged, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report, on-site and vehicle photographs;

1. Each written diagnosis;

1. Application of investigation reports (verification of the degree of damage to damaged vehicles) Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and choice of imprisonment with prison labor, respectively;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. The fact that there are circumstances to consider the background of the accident that led to the confession and reflect of the crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.