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(영문) 인천지방법원 2019.06.19 2018고단9010

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

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

On September 16, 2018, the Defendant driven the above taxi on September 16, 2018, and driven the 38.7km at a speed of 38.7km each hour, depending on the vison of the vison, which is located in 726, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely change the lanes by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and changed the direction into the right-hand two lanes without operating the direction, and the two-lane 250 two-wheeled vehicles without the victim C(24 years old) driver's license plate in the same side of the two-lane 250 COCET 250 wheel the vehicle in order to avoid collision with the taxi operated by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim during about 12 weeks of pulver pulver pulver pulver pulver pulver pulcing around the right-hand part in need of treatment, and, at the same time, did not immediately stop the said two-wheeled motor vehicle and escape without taking necessary measures, such as providing relief to the victim, even though it destroyed the said two-wheeled motor vehicle to their repair cost

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing black CCTV images CDs;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act of suspended execution has no record of punishment exceeding a fine due to the same kind of crime in the past, and the defendant agreed with the victim late after the crime of this case.