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(영문) 인천지방법원 2017.11.29 2017고단7157

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 BM3 car.

On April 12, 2017, the Defendant driven the above car on April 19:25, 2017, and proceeded at a speed of about 30 km in the speed of 10 km from the front side of the 102-dong west apartment 102, the new name scar, which is located in 296 in the original route of the Bupyeong-gu Incheon Metropolitan City.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by looking at the front side while keeping the opposite side in a way that comes into contact with the opposite one.

Nevertheless, the Defendant neglected this and went in a straight line as it was, and it was caused by the negligence of entering the central line again, which was caused by the negligence of entering the one-lane, and the victim C (26 years old) driving in one-lane in the direction of the defendant's running, the driver in front of the driver's seat of the D Ra car, which was driven by the victim C (26 years old), was shocked by the corresponding SM3 car head side.

Ultimately, the Defendant suffered injury to the victim, such as salt ties and tensions in need of treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the said rash and providing relief to the victim, even though the Defendant destroyed the rash to the extent that the repair cost equivalent to KRW 811,69, such as the exchange of the previous rasher, is equivalent to the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, diagnostic certificate, a detailed statement of automobile inspection and maintenance, and application of each photographic statute;

1. The point of view of the relevant provision 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, and Article 54 (1) of the Road Traffic Act: Article 148 and Article 54 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment