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(영문) 인천지방법원 2016.06.29 2016고단2276
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of the vehicle of the vehicle of the vehicle of the vehicle.

On February 21, 2016, the Defendant driven the above car at around 03:05, and led to a three-lane of the 271-lane of the intersection of the map 271 located at the south-gu Incheon, Nam-gu, Incheon along the one-lane in the direction of the Corporation from the shooting distance to the high-priced direction of the six Corporation.

Since one lane and two lanes of the above three-lanes are designated as the left turn line, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle safely, such as complying with the above-mentioned method of passage.

Nevertheless, the Defendant neglected to do so and caused the part of the victim D(60) driver’s seat in front of the driver’s seat in the Estynael of the victim who turn to the left at the right side of the Defendant’s vehicle due to the negligence in the direction of the back of the water package according to the first lane, which led to the collision with the back of the Defendant’s driver’s car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim D, such as salt panions requiring approximately two weeks of treatment, and, at the same time, did not take necessary measures, such as immediately stopping a vehicle and providing relief to the victim, even if the Defendant destroyed the said rocketing taxi owned by the victim of the large-day unemployment by destroying the amount equivalent to KRW 730,057, such as the cost of repairing the stringer, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual survey report and photographs of damaged vehicles;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) concerning the crime;

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 of the Criminal Act:

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