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(영문) 인천지방법원 부천지원 2019.05.10 2019고단270

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 Bchip car.

On November 16, 2018, around 21:10, the Defendant proceeded with the above high-speed road of the 155-1 ‘Nanan-dong, Ansan-dong, Ansan-si, at the speed of an unspeeded speed in the direction of the two lanes of the Do second line in the direction of the Siung-do in the direction of the Siung-si.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded in the same lane by negligence and received the back part of the driver's seat of the victim C(W, 58 years old) driving of the D Ecoos car from the same lane.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of medical treatment for about two weeks, and at the same time, destroyed the said damaged vehicle to cover the expenses equivalent to KRW 4,630,710, and escaped without any measure such as aiding the victim, even though it was immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs of each site;

1. Application of Acts and subordinate statutes to a written diagnosis and 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;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment], and escape after traffic accident.