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(영문) 인천지방법원 2014.07.10 2012고단10719
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of freight vehicles C1 ton.

1. On October 2, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) driven the above cargo vehicles around 11:20 on October 2, 2012, the Defendant driven the above cargo vehicles, and driven the road of the shooting distance in front of it in the 1262-1 sand market, Nam-gu, Incheon Metropolitan City, and driven the road at the speed of 4 kilometers from the edge of sand village village apartment.

Since the location is a road where traffic between ordinary vehicles and pedestrians is frequent, the driver of the motor vehicle has a duty of care to thoroughly see the front and rear side and to safely operate the steering and brakes by accurately manipulating the steering and brakes so that the accident can be prevented.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and neglected to walk the front part of the above cargo vehicle to the right part of the victim D (W, 17 years old) and the victim E (W, 16 years old) who walked from the left part of the above cargo vehicle to the right part.

Ultimately, the Defendant, by such occupational negligence as above, committed an injury to the victim D, such as the salt, tension, etc. of a shoulder that requires approximately three weeks of medical treatment, and committed an injury to the victim E, such as scam, tensions, tensions, etc., which require approximately two weeks of medical treatment, but immediately stopped, and escaped without taking measures such as providing relief to the victims.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of the above cargo vehicle.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above cargo vehicle that was not covered by mandatory insurance at the same time and place as the statement in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site guidance by police officers, each investigation report, and report on the occurrence of a traffic accident;

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