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(영문) 인천지방법원 2016.10.26 2016고단4256

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On June 6, 2016, at around 00:50, the Defendant proceeded at a speed of about 70 km from the original mountain tunnel entrance to the Seo-gu Incheon Metropolitan City, at approximately 91-3 lanes in front of the shooting distance in the original mountain tunnel entrance to the west-gu.

Since a signal, etc. is installed and traffic control is performed, there was a duty of care to drive safely in accordance with the new code while driving a person engaged in driving.

Nevertheless, the Defendant neglected this and neglected to turn to the left from the right side of the cultural center at one-lane to the right side of the opposite by the failure of the Defendant, which was driven by the victim D (I 56 years of age) who was driven by the victim D (I 56 years of age) to the right side of the car, and received the front end of the car above.

As a result, the Defendant got injured by the victim who was driving a car due to the above occupational negligence for about four weeks of medical treatment, such as the removal of the 1st u cage in a single lage other than the 1st cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage c

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A report on the actual condition of survey, on-site photographs (vehicle photographs), and a report on the investigation (No. 69 pages of the investigation records);

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

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 crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution is advantageous to Article 62(1) of the Criminal Act;