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(영문) 인천지방법원 2017.09.08 2017고단4981
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a BS 3 car.

On June 2, 2017, at around 22:25, the Defendant, at the coast wharf of Jung-gu, Incheon, Jung-gu, Incheon, 33, a 36-day long-distance road, from the direction of the coal wharf, proceeded at a speed below the speed of the speed of the city in the direction of the Incheon port.

At this time, there is an intersection with signal apparatus and a vehicle waiting for signal at the time, so in such a case, there was a duty of care to secure a safety distance with the front vehicle while properly operating the front and right-hand side and the right-hand side and properly operating the steering system, etc.

Nevertheless, the Defendant neglected to do so and got off the part of the passenger car driven by the Defendant, following the DB 200 car driven by the victim C(33) who was waiting for the foregoing signal due to negligence, which was driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as catum salt, etc. requiring approximately two weeks of treatment, and suffered injury to the victim E (the victim E, who is aged 30), such as catum salt, etc. requiring approximately two weeks of treatment, and at the same time, did not take necessary measures, such as making a stop immediately after destroying the 200 car owned by the victim C to the extent that the repair cost of KRW 1,581,885 is damaged to the extent that the 1,585 car would be repaired, and attempted to rescue the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. A report on the occurrence of a traffic accident, and a report on a traffic accident (1), and (2) a report on actual condition;

1. Submission, etc. of a medical certificate, a certificate of discharge of entry, a written estimate, and an E medical certificate;

1. Application of the Acts and subordinate statutes concerning black stay images and field photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 5-3 of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016) regarding criminal facts.

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