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(영문) 인천지방법원 2014.09.24 2014고단3330

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 engaged in driving a rocketing car.

On April 11, 2014, the Defendant driven the above car on April 21, 2010, and turned the two-lanes in front of the 32-lane in the south-gu Incheon, Nam-gu, Incheon, along the two-lanes in front of the white road in the south-gu, Nam-gu, Incheon, into the US speed in accordance with the direction of the sublime.

In such cases, the Defendant had a duty of care to give an advance notice of change of course by operating direction direction, etc., and to change a lane safely by taking into account the traffic conditions before and after the left.

Nevertheless, the victim C(49 years old) driver's dschton driver's dexton's left-hand part of the car was shocked by the defendant's straw in front of the right-hand side of the car.

The Defendant, by occupational negligence, sustained injury to the above victim, such as the pipe and tension of the part of the wooden part requiring medical treatment for about two weeks, and the Defendant, at the same time, escaped without immediately stopping the said damaged vehicle while destroying approximately KRW 3,919,300 to the repair cost, and without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The mitigation area (6 to 10 months) of the mitigated area (6 to 10 months) after the traffic accident occurred.