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(영문) 인천지방법원 부천지원 2015.05.22 2015고단1009

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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 person who is engaged in driving a NAS car.

At around 16:40 on March 30, 2015, the Defendant proceeded to the two-lanes of the two-lanes in the direction of strengthening the two-lanes in front of the 360-7 Jeju Jeju Jeju Gyeongpo-si.

Since the above place is a road on which a line can be divided into lanes at the center of the road, a person engaged in driving service has a duty of care to drive safely according to the designated lane.

Nevertheless, the Defendant neglected this and went ahead to the center line, which led to the negligence of the Defendant’s driving across the center line, brought down the front part of the Dives drive by the victim C(43) in front of the right side of the said car operated by the Defendant.

The Defendant by such negligence inflicted injury on the victim E (the 26-year-old age-old) who was boarding the said victim’s car to the victim E (the 26-year-old age-old) such as an inception for the treatment period of approximately two weeks, such as an inception for an inception for an inception for an inception for an inception for the treatment period. The Defendant destroyed the said victim’s car to be driven by KRW 2,247,507, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. 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 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. The fact that the defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects his mistake, that the vehicle was covered by the comprehensive automobile insurance, and that the defendant was suspended from execution.