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(영문) 인천지방법원부천지원 2020.08.19 2020고단870

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 driving a radar vehicle as his/her duty.

On November 07, 2019, the Defendant runs driving in the direction of Kimpo-si at the vicinity of the Sinsan-si, Seoyang-si, Seoyang-si in the direction of the three-lanes above the three-lanes in the area of the Sinsan-si. 740.

The two-lanes have changed into the left-hand side.

At that time, there were two-lanes of vehicles.

In such cases, a person who intends to change his/her course has a duty of care to live well as to prevent accidents in advance by safely changing his/her course.

Nevertheless, the Defendant neglected this and caused the change of course by negligence on the back side of the back side of the vehicle under consideration of the victim C(59 years of age, South) driving, who was placed in the vehicle under consideration of the change of course.

Ultimately, the Defendant’s negligence on the part of the Defendant’s business, thereby causing injury to the victim, such as salt, tensions, etc., which requires treatment for about two weeks, and at the same time, destroyed the damaged vehicle’s property equivalent to KRW 617,687, and escaped without immediately leaving the damaged vehicle to take measures.

Summary of Evidence

1. Application of the defendant's statutory statement, traffic accident report (including photographs), written diagnosis of the person involved in the traffic accident, and written estimate;

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 and Article 62 (1) of the Criminal Act of the suspended sentence of selective imprisonment with labor;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The defendant is aware of the occurrence of an accident, and is in a place where "the same level of the accident is minor" or "the same."