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(영문) 인천지방법원 2013.07.25 2013고단2213

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 is engaged in driving a B car.

On April 30, 2013, the Defendant driven the said car at around 02:55, while driving the said car, and driving the front road of the 2-1 Chonung-dong, Nam-dong, Incheon, Incheon, along one-lanes of the four-lanes from the surface of the traffic distance to the surface of the navigation distance. On the other hand, the Defendant was negligent in neglecting the duty of the front-time watch and received the front-way part of the Defendant’s passenger car in front of the traffic signal C(46 years old) driving in front of the Defendant’s car.

As a result, the Defendant, by the above occupational negligence, got the victim E (V) who was on board the said rocketing car with approximately two weeks of medical treatment, due to the thirropical marity, etc. requiring approximately two weeks of medical treatment, and suffered from the same F (V) in the light dropical mar, etc. requiring approximately two weeks of medical treatment, and at the same time, went away without taking necessary measures, such as immediately stopping the said rocketing car to ensure that its repair cost would amount to KRW 539,183,00,000, and immediately stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report on traffic accidents, and photographs of each vehicle;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The point of escape after an injury resulting from occupational negligence due to the pertinent legal traffic concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating the Act on the Aggravated Punishment, etc. of Specific Crimes of which Punishment is heavier)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution.

1. Order of community service;