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(영문) 인천지방법원 부천지원 2013.06.12 2013고단787

특정범죄가중처벌등에관한법률위반(도주차량)

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A defendant shall be punished by imprisonment for not more than ten 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 Csch Rexton car.

Around 01:30 on March 23, 2013, the Defendant driven the said car and proceeded at a speed that would make it impossible to know the speed of the road of the third-lane of the 677-8 Do-dong, Seocheon-si, Seocheon-si from the edge of the reproduction frame to the shooting distance of the Yongan apartment.

At night and at the same time, vehicles parked without permission are installed at a road, and people can enter a road between these vehicles. In such a case, a person engaged in driving service has a duty of care to properly operate steering devices and brakes and prevent accidents by driving them.

Nevertheless, the Defendant neglected this and found the victim D (year 31) who was trying to cross the road due to negligent negligence while driving the road, and took an urgent action to avoid this from the time. However, the Defendant failed to take such action and caused the victim to go beyond the ground by taking part of the victim’s left frame and head toward the left part of the front part of the vehicle.

Ultimately, even though the Defendant suffered from an injury to the victim, such as a light-riding in need of medical treatment for about 12 weeks due to such occupational negligence, the Defendant stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. The police statement of the F, E, G, and H;

1. A traffic accident report (1) (2) ( each actual condition survey report);

1. A traffic accident report;

1. A report on appraisal with a State;

1. 112. List of reported cases;

1. Investigation report, diagnosis report, and medical opinion with respect to the state of victim;

1. Application of Acts and subordinate statutes to the field, vehicles, scambling images by cutting down the scam images and to the field oil photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.