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(영문) 인천지방법원 2019.05.23 2018고단9060

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 9, 2018, at least 01:08, the Defendant: (a) operated a three-lane road in front of the C convenience store in Michuhol-gu Incheon Metropolitan City, a business DNA car, and proceeded directly from the gate or underground road to the gate or underground road according to the first lane; (b) did not thoroughly stop the gate or underground road; (c) took part of the back part of the victim EM3 driver car stopped on the right-hand part of the NAM car in the front line of the NAM car; (d) took the front line of the NAM car; (e) was protruding in front of the NAM car; and (e) was shocked by the victim G in front of it; (e) did not cause injury to the victim E in need of approximately 2 weeks treatment; and (e) did not cause injury to the victim G to the extent that it is necessary for 10 weeks treatment; and (e) did not remove the victim’s 10-day treatment; and (e) did not immediately take measures to repair the 3500 Do 137.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. The actual condition survey report;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of failing to take measures after an accident);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Incompetence circumstances] Defendant committed the instant crime during the period of repeated crime.

It seems that the drinking driving has been done.

The defendant has been sentenced to suspended sentence for the same kind of crime in 2011.

【Grried circumstances】 The defendant recognized a mistake and reflects it in depth.

The victims' damage was recovered from insurance, and the defendant further 1.1.