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(영문) 인천지방법원 2017.07.12 2017고단362

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving on board CI30.

On November 25, 2016, the Defendant driven the above car at around 05:17, and proceeded straighten distance in front of the international city zone in Yeonsu-gu Incheon, Yeonsu-ro, 102(Songdong-dong-dong-dong-dong-dong-ro) in the middle of the international city zone in the wind apartment complex 3 complex of Pung apartment at a reduced university speed.

The location was a blind distance where signal lights are installed, and it was difficult to keep the surroundings around it at night.

In such cases, the driver has a duty of care to live well before and after the left and to prevent the accident by safely driving in accordance with the new subparagraph.

Nevertheless, the Defendant was negligent in proceeding immediately due to the failure of the front signal in violation of the signal, and caused the left-hand turn to the left-hand turn at the seat of the Korea Coast Guard headquarters at the port of the Korea Coast Guard University (38 e.g., the Defendant left-hand turn from the front side of the E-math class car of the victim D(38 ) to the front side of the Defendant’s car operation.

Accordingly, the Defendant, by such occupational negligence, inflicted an injury on the victim, such as salt, tensions, etc. of the climatic tensions requiring approximately two weeks of medical treatment, and at the same time, destroyed the victim’s horse clibage so that the amount equivalent to KRW 1,259,150, such as the clibs, can be damaged by the victim’s horse clibage, and escaped without taking necessary measures when the victim’s accident, such as rescue,

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to each photograph, actual condition survey report, diagnostic certificate, and quotation;

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act: Article 148 and Article 54 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for the mitigation of small amount;