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(영문) 인천지방법원 2018.08.13 2018고단4339

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 2, 2018, around 18:10, the Defendant driving the said car on the 12-lane, Seocheon-gu, Incheon, Seocheon-gu, Seocheon-gu, Incheon, in front of the 12-ro, and led to the driving of the said car along the two-lane road from the Cheongcheon-dong bank to the 3-dong Do Do ebrogate.

In this case, there was a duty of care to safely operate a person engaged in driving of a motor vehicle by accurately operating the steering room and the right and the right and the right and the right and the right and the system of steering the motor vehicle.

Nevertheless, the Defendant neglected to perform his duty at the front week, etc., and was driving by the victim C, who was driving along the two lanes prior to the said car, with the left part of the Dropian car that was driven by the victim C, the lower part of the Dropian car was received as the top part before the right part of the said string-down car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light cryp and salkites in need of treatment for about three weeks, and at the same time, destroyed the said cryp car to cover approximately KRW 1,524,778, and escaped without taking measures such as aiding the damaged person by stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a survey report, on-site photographs, and damaged vehicles and photographs of the damaged vehicles;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

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

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act, the following circumstances, and the defendant's age, sex, and other circumstances.