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(영문) 인천지방법원 2015.08.26 2015고단3784

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On April 9, 2015, the Defendant driving the said car around 03:20, and driving the said car at a speed of three-lanes from the upper Dong Park to the Incheon Samsan-dong, Seocheon-si, Seocheon-si C, Seocheon-si.

In order to make a right-hand at the intersection, the lane has been changed to a four-lane.

At night, a person engaged in driving a motor vehicle has a duty of care to make a change in the course by operating a direction in advance when the person engaged in driving a motor vehicle changes the vehicle, giving prior notice of a change in the course and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected to do so and did not look at the front and rear left, and was driven by the victim D (the 54 years old) driven by the victim D (the 54 years old) who was driving at the right side of the Defendant, as the front part of the car driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim D (the 54 years old), such as salt, tensions, etc. in need of treatment for about three weeks, suffered injury to F (the 65 years old) and G (the 54 years old), each of which requires treatment for about two weeks, and escaped without immediately stopping the said taxi to take necessary measures, such as providing relief to the victim, while destroying the said taxi to the 1,649,678 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report on traffic accidents, and photographs of damaged vehicles;

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;

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

1. Selection of penalty as an alternative penalty;