beta
(영문) 인천지방법원 2016.08.17 2016고단2709

특정범죄가중처벌등에관한법률위반(도주차량)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 set of car in B or B.

On April 26, 2016, the Defendant driven the above vehicle at around 01:40 on April 26, 2016, and driven it from the side of the Bupyeong Park, using the two lanes in front of the D theater located in Bupyeong-gu Incheon Metropolitan City.

At the time, a person engaged in driving service is at night, and there was a duty of care to safely proceed with the safety distance with the vehicle running ahead of it.

Nevertheless, the Defendant was negligent in driving a stroke while neglecting his duty at the front of the Defendant’s vehicle, and instead neglected his duty at the front of the Defendant’s vehicle, and the victim E (58) who was driven in the front of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires approximately three weeks of treatment, and at the same time escaped without taking necessary measures, such as immediately stopping, even after destroying approximately KRW 425,318 of the repair cost, and immediately stopping the said rocketing taxi, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of the accident place and accident vehicle;

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

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 absence of accident) 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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] (a) where minor injury has occurred (a person with a special mitigation for 6 months to 1 year) in the mitigation area (a person with a special mitigation for 6 months) (a person with a special mitigation for 1 months)] (a decision of sentence) - favorable circumstances: