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(영문) 인천지방법원 부천지원 2020.05.14 2019고단3737
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of BMW car.

On July 27, 2019, the defendant driving the above car on July 27, 2019, and driving it along the two-lanes of the six-lanes in front of the department store in Seocheon City.

At the time, there was a vehicle stopping in the front door of the defendant, so in such a case, there was a duty of care to prevent the accident by accurately manipulating the front door and the left door and the left door in the driver of the vehicle and accurately manipulating the steering direction and the brake system to prevent the accident.

Nevertheless, the Defendant neglected this and proceeded as it was, while driving at the front direction, received the back part of the Egymp knife of the victim D (ma, 27 years old) driving in the front direction, and the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim D, who is the driver of the Magnan F (ma, 36 years of age), victim G (n, 23 years of age), and victim H (n, 21 years of age), respectively, for about two weeks of treatment, and escaped without taking necessary measures, such as destroying the said victim FF-owned knife and stopping the said knife and providing relief to the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of D police statement;

1. Each statement of F, G and H;

1. The application of Acts and subordinate statutes to the actual condition survey report, damaged car photographs, pactagram photographs,CCTV image photographs at the scene of the accident, I buildingCCTV photographs, treatment car photographs, and diagnostic reports;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act is very high to the probation.

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