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(영문) 인천지방법원 2017.11.08 2017고단6258

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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 BMW car.

On June 4, 2017, the Defendant driven the above car at around 06:40, and continued to drive the above car in accordance with the direction of southnam-gu Incheon Metropolitan City along with the street of 738 small long-distance street from the surface of the sand market to the south-do.

Despite the duty of care to prevent traffic accidents by properly operating the troping and steering devices, the Defendant, while neglecting his/her duty of care to prevent traffic accidents, neglected to do so, led the back part of the victim C(37 years old) who was waiting for the signal signal at the front section of the said BMW car with the front part of the said BMW car.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as salt, tension, etc. requiring medical treatment for about two weeks, and at the same time, destroyed the above-mentioned low-priced car to be in excess of KRW 710,000, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the written estimate statutes;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. According to the reasons for sentencing under Article 62-2 of the Social Service and Criminal Act, the sentencing shown in the trial process of this case, such as the Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after the crime.