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(영문) 인천지방법원 2015.04.23 2015고단358

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 drives B taxi.

On October 28, 2014, at around 19:50, the Defendant, while driving a taxi on October 28, 2014 and driving four-lanes along the four-lanes of the 81km point in the direction of the side intersection of the Seoul except Seoul metropolitan cycle Highway in Gyeyang-gu, Incheon, along with the 4th line of the road in the direction of Gyeyang-do at the intersection of Nowon-gu, the Defendant, who was negligent in performing the duty of Jeonju City, went away without taking necessary measures, such as providing relief to the victim, who was driving a taxi due to his occupational negligence, by shocking the back part of the D car driven by the victim C while driving the taxi in front of the said taxi. At the same time, the Defendant suffered damage to the damaged vehicle to the extent of KRW 1,852,112 of the repair cost, and immediately stopping the vehicle without taking necessary measures, such as aiding 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;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Where a minor injury occurs in the mitigated area (6-10 months to escape after a traffic accident) (special mitigation) (a person under special mitigation) (a person under special mitigation) of the area of mitigation (a person under special mitigation) (a person under special mitigation) (a decision on a sentence of sentence] imprisonment for eight months, a suspended sentence of two years, a community service order or an order to attend a lecture for 80 hours, and an order to attend a lecture for 40 hours after the traffic accident;