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(영문) 인천지방법원 2018.06.20 2018고단2728

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 29, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on September 29, 201, and three years of suspension of execution was determined on October 7, 2016, and is currently under suspension of execution.

The Defendant is a person who is engaged in driving a car owned by C, a car owned by B (hereinafter referred to as “AF car”).

On March 27, 2018, around 17:30 on March 27, 2018, the Defendant proceeded at a speed of about 30-40km depending on four-lanes, namely, a four-lane road in front of “E” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

At the same time, a victim F (67 years of age, n, and n) was moving to the front of the sea-going vehicle (hereinafter “victimd vehicle”), and in such a case, a person engaged in driving service has a duty of care to check the safety of the course, to accurately operate and safely operate the steering and operating the steering gear prior to driving the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to negligence, and received the back part of the driver's seat of the damaged vehicle with the front part of the steering force of the damaged vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury, such as salt, tensions, etc. in need of treatment for about three weeks, and at the same time, escaped without taking necessary measures, such as stopping and saving the damaged vehicle, even though the damaged vehicle was destroyed to the extent of 879,217 won, such as replacement of the back of the damaged vehicle, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of the Acts and subordinate statutes governing the table of diagnosis, estimate of damaged vehicles, and sales of the cost of repairing damaged vehicles;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.