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(영문) 인천지방법원 2013.06.20 2013고단1368
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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 the C pressle.

On January 15:25, 2013, the Defendant driven the above van on the 15:25th of January 31, 2013, and driven the front road of the East Asian Center located in 1527-1, Nam-gu, Incheon, Incheon, along the two-lanes of the two-lanes of the 3-lanes from the distance of line engineers to the airside of the stadium.

A person engaged in driving of a motor vehicle has a duty of care to operate a direction direction when changing the vehicle line, give an advance notice of change of course, and to change the vehicle line in the future and the future.

Nevertheless, the Defendant neglected this and neglected to change the course to a three-lane, and caused the victim D(44 years old) driving with three-lanes in the same direction, and received the part of the left front of the motor vehicle of the victim D(44 years old) to the right side of the motor vehicle of the Defendant.

Ultimately, the Defendant suffered salt and tension with the victim, which requires treatment for about three weeks by occupational negligence as above, and escaped without immediately stopping the said rocketing car to the extent that it damages the repair cost of KRW 991,162, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Reporting on the occurrence of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and reporting on a traffic accident;

1. Written estimate and written diagnosis;

1. Application of Acts and subordinate statutes concerning visual recording of CCTV for vehicles;

1. The point of escape after an injury resulting from occupational negligence due to a traffic accident under pertinent legal provisions concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 (Punishment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes of which Punishment is heavier) of the Commercial Concurrent Crimes.

1. Selection of imprisonment with prison labor chosen;

1. The first offender under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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