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(영문) 인천지방법원 부천지원 2012.12.28 2012고단1497

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 CP car.

On May 13, 2012, around 17:07, the Defendant got to proceed one-lane prior to the 66-lane, Seocheon-gu, Busan Special Metropolitan City, Seocheon-ro, Seocheon-ro, the 66-lane, from the direction of the river basin, to the core 2-dong office.

Since the place is narrow alley length and the defendant found that the victim D (10 years of age) is driving a bicycle in the front section, the driver of the vehicle has a duty of care to live well in the victim's East situation and safely drive the bicycle at a specified interval with the victim in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim's failure to stop due to negligence, such as viewing the children who were on the back seat of the front seat, etc., and took urgent action to avoid such negligence, but the Defendant was unable to take such action, and received the rear wheels of the bicycle as part of the front part of the car.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the victim’s unexpected repair costs, such as exchange of back wheels of the bicycle, etc., and, at the same time, escaped without taking measures, such as aiding the victim, even though the victim suffered injury to the right-side salt and sprinking for about two weeks of treatment, it did not take measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. The actual condition survey report;

1. A medical certificate;

1. Photographss of the scene, bicycle photographs, and photographs at the time of leaving the scene;

1. Application of CD-related Acts and subordinate statutes at the accident site;

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 criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Article 62 of the Criminal Act: