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(영문) 인천지방법원 2017.08.09 2017고단2476
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B-P-P-Pak vehicle.

On February 26, 2017, the defendant, around 01:05, started to turn to the left at the evade of calculating the distance from the erode of the Seo-gu Incheon Seo-gu, Incheon.

Since a signal, etc. has been installed, a person engaged in driving duty has a duty of care to safely drive according to traffic signals and prevent accidents from occurring.

Nevertheless, the Defendant neglected this and operated to the left while driving the vehicle at a right turn, and received the part of the victim C (26 years old) who was directly driven by the traffic signals from the right side of the vehicle driving by the Defendant, which is behind the right side of the vehicle driven by the Defendant.

Ultimately, the Defendant, due to the foregoing occupational negligence, committed an injury to the victim C by the victim E (the 31-year old-age age), who is the passenger of the damaged vehicle, for approximately two weeks of medical treatment. At the same time, even though the damaged vehicle was damaged by the repair cost of KRW 10,270,021, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. The application of Acts and subordinate statutes to report internal affairs, such as a survey report on actual conditions, each photograph, quotation, and each medical certificate;

1. The point of escape under each relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act: Article 148 and Article 54 (1) of the Road Traffic 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. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act violates the signal.

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