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(영문) 인천지방법원 부천지원 2014.09.19 2014고단1753

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaging in driving a franchise-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 7, 2014, the Defendant driven the above vehicle around 06:40, while driving it along the two-lanes in the direction of Yeongdeungpo-gu, Seoul Special Metropolitan City along the two-lanes in the direction of Yeongdeungpo-gu, 265-gil29.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe way to live well.

Nevertheless, the defendant neglected to proceed as it is and found out the victim C (at the age of 41) who gets a road to the right side on the left side of the running direction of the defendant's vehicle and left the hand to the left side to avoid this from that time, but the measure was insufficient to take and received the victim's bridge part in front of the above vehicle.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 8주간의 치료를 요하는 무릎뼈의 골절 등의 상해를 입게 하고도 곧 정차하여 피해자를 구호하는 등필요한 조치를 취하지 아니하고 도주하였다.

2. On June 26, 2014, around 21:15, the Defendant injured the victim’s PC room “EPC room” located in Seocheon-gu, Seocheon-gu, Seocheon-si, where the victim F (20 years of age) was the Defendant, she saw the part of the victim’s neck into his/her hand floor, and pushed the victim’s body into his/her wall, and caused the victim’s injury to the victim, such as satum satum, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement G and C;

1. The actual condition survey report;

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 as to the crime, Article 268 of the Criminal Act, and Article 257 of the Criminal Act.