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(영문) 인천지방법원 부천지원 2017.05.19 2017고단661
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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 drives a new car as a job of C New Engine.

On February 6, 2017, at the front of the post office distance of 114, the Defendant driven the said new car, driving the said new car, and driving it toward the northside private distance from the Korean Telecommunication Telecommunication Distance.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering side and steering system.

Nevertheless, the Defendant neglected to stop in the above signal atmosphere while driving the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, the defendant did not take necessary measures to injure people due to a traffic accident caused by occupational negligence while destroying property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of black stay images);

1. A survey report on actual conditions;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes governing vehicle photographs and black stuffs video CDs;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

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 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures and order to provide community service under Article 62-21 of the Criminal Act;

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