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(영문) 인천지방법원 부천지원 2012.12.28 2012고합369

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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 drives a vehicle in CM520.

On August 9, 2012, at around 03:55, the Defendant, at a speed of about 70 km from the front of the Seoul Metropolitan Embro, at the 76 km Kimpo-ri, which is located in the New Gegro Eup, Kimpo-si, Kimpo-si, Kimpo-si.

At the time, as the other vehicles are driving at night and at the night, there was a duty of care to prevent accidents by thoroughly manipulating the steering time and accurately manipulating the steering and brakes. Therefore, the Defendant engaged in driving service has a duty of care.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, received the part concerning the back part of the E-ro vehicle driven by the victim D(WM520) who was driving in front of the Defendant as the front part of the said SM520 car.

The Defendant, due to such occupational negligence, suffered from the victim D’s injury to the left-hand sponsion of the part of the back-to-face table, which requires approximately four weeks of medical treatment, and escaped without taking measures such as damaging the victim’s F (25 years of age), the victim G (23 years of age), and the victim H (23 years of age) to receive approximately two weeks of medical treatment. At the same time, the Defendant did not take measures such as aiding the back-up sprink of the above-mentioned car so that the victim can receive repair costs and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. On-site photographs, screen pictures (C);

1. Application of each written diagnosis (D, F, G, and H) statute;

1. Article 5-3 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes appears to be a clerical error in writing under paragraph (1) of the same Article among the descriptions of applicable provisions of indictment under Article 5-3 (1) of the same Act concerning criminal facts.

Subparagraph 2, Article 268 of the Criminal Act (the point of escape after the injury by occupational negligence), the Road Traffic Act.