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(영문) 인천지방법원 2018.02.21 2017고단9547

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 25, 2017, at around 17:15, the Defendant proceeded straight along four lanes with a three-lane distance from the front distance room in Incheon Gyeyang-gu, calculated the front road D in Gyeyang-gu, Incheon.

The driver of a motor vehicle has a duty of care to operate the steering gear and brakes accurately, drive the motor vehicle safely by keeping the steering gear and brakes well on the right and the right, and to take measures such as providing relief to the injured party immediately when the driver of a motor vehicle is killed or injured by the traffic of another person or damaged by the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to enter the above road by negligence and neglected to do so, the part of the victim E (68 tax) who was parked to enter the road above side of the road, such as the left side of the driver's motor vehicle of the Farb, which was driven by the victim E (68 tax). The Defendant shocked into the part of the right part of the motor vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to occupational negligence as above, and at the same time, destroyed the victim G-owned car to repair KRW 4,438,443, and escaped without taking measures, such as providing rescue to the victim E, even though it damages the said car owned by the victim G to repair it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a traffic accident report (report on actual condition), diagnosis certificate, quotation, and each investigation report (Evidence List 6, 17);

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act: Article 148 and Article 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;