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(영문) 인천지방법원 2017.09.13 2017고단3771

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a dump motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and the violation of the Road Traffic Act (after an accident).

On April 10, 2017, at around 22:19, the Defendant driven the two-lanes of the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, with the above gresponding car, and led to a speed of about 70km in the direction of the police box in the direction of the gresponding.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the front-down city and operation system, and caused the victim F (F.S. 27 years old), which was proceeding in the front-round area, to be the back-down part of the victim F.(F. 27 years old), with the front-down part of the car.

Ultimately, the Defendant, by such occupational negligence, immediately stopped to the victim FF for about two weeks in need of treatment, and escaped without taking measures such as aiding or confirming the degree of damage, even though the Defendant suffered from the victim H (the 39-year old age), who was on board the said Saturdays car, about two weeks in need of treatment. At the same time, the Defendant destroyed the said Saturdays car, etc. owned by the victim F to cover approximately KRW 1,157,107 in the aggregate of repair costs, and then immediately stopped to the effect that the damaged person would be able to rescue or confirm the degree of damage.

2. When it is anticipated that the victim and the police would strue during the course of escape after causing a traffic accident, such as the time and place described in paragraph (1) at the time and time, as described in paragraph (1), the Defendant committed traffic laws and regulations, such as driving the gresponding car listed in paragraph (1) on about 2 km from the accident place described in paragraph (1) to the front road of the Incheon Western-ro 249, Seo-gu, and driving the gresponding car from about 2km to about 3 occasions.