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(영문) 인천지방법원 부천지원 2015.10.02 2015고단2275
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

On May 30, 2015, the Defendant driven the above vehicle at a speed of 03:40 on May 30, 2015, and driven the vehicle at a speed of 262 from the surface of the middle string distance of the 262 streets to the tin first string distance.

In such cases, a driver of a motor vehicle has a duty of care to take a full-time and right-hand side and right-hand side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded immediately with a red signal, and the victim B, who was driving a green signal from the right side to the left side, was placed a part of the driver's seat behind the driver's seat of the victim B, and was placed a part of the driver's seat in front of the driver's seat of the sea-going vehicle.

As a result, the Defendant committed occupational negligence, to B (the age of 36, South) an agent for the above damaged vehicle, the Defendant sustained the injury of the relevant affected vehicle in need of treatment for about two weeks, and to D (the age of 30 per party and South) the owner of the same son suffered the injury, such as catitis which requires treatment for about two weeks, and at the same time, destroyed the above satisfy vehicle to cover KRW 239,90, and escaped without taking appropriate measures, such as providing relief for the casualties, while immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Statement of the occurrence of each traffic accident against D and B;

1. A report on the occurrence of actual conditions and a traffic accident;

1. Photographss of damaged vehicles and photographs of damaged vehicles;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, etc. under the corresponding provision of the Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the destruction of property

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

1. Selection of imprisonment with prison labor chosen;

1. The agreement between the victims under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and the extent of damage is not significant.

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