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(영문) 인천지방법원 2017.01.25 2016고단7079
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 is engaged in driving of a passenger car in C.

On September 18, 2016, the Defendant driving the above vehicle at around 15:40 on September 18, 2016, and driving the front road D located in Incheon Nam-gu along the direction of the literature elementary school at the speed of one lane in the direction of the literature stadium.

In this case, there was a duty of care to prevent accidents by accurately operating the steering gear and brakes, keeping the left and right well, and safely driving the driver of the motor vehicle.

Nevertheless, the Defendant neglected to drive a vehicle on the front side of the same lane while driving the vehicle, which was parked in the same lane, was shocked by the backer of the victim FF G L L car in the front side of the vehicle of the Defendant.

Defendant: (a) due to the foregoing occupational negligence, the victim F and the victim H, who was on board the top of the damaged vehicle, were in need of approximately two weeks medical treatment; and (b) the victim H, who was damaged by the damaged vehicle, immediately stopped and escaped without taking necessary measures, such as providing relief to the damaged person, even though the repair cost of the damaged vehicle was damaged by the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. The actual survey report, on-site photographs, and vehicle photographs;

1. Application of Acts and subordinate statutes to each written diagnosis, medical records, and written estimate;

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

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. Reasons for sentencing of Article 62-2 of the Criminal Act for community service and order to attend lectures [the scope of recommended punishment] (the escape after traffic accident) is mitigated (6 months to 1 year).

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