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(영문) 인천지방법원 2018.04.04 2018고단547
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 driving of BCA110 Oba.

On December 18, 2017, the Defendant driven the off-line 18:15 on December 18, 2017, and driven the off-line road in front of the D cafeteria in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, toward the direction of the class.

Since there is an intersection where signal lights and crosswalks are installed, a person engaged in driving duty has a duty of care to drive safely in accordance with the signals by checking well the right and the right of the front.

Nevertheless, the Defendant neglected this and did not keep the vehicle crepane in contravention of the signal, and immediately advanced the vehicle crepane in contravention of the signal, and shocked to the right side of the E-driving in front of the signal waiting at the front, followed by the light, and the victim G (W, 28 years old) who dried the crosswalk in accordance with the pedestrian signals, was able to go beyond the road of the victim G by obtaining the victim G (W, 28 years old) who dried the crosswalk in front of the front part of the front part of the road of the Defendant.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim G by crypum finites, etc. requiring approximately two weeks of medical treatment, and at the same time, destroyed the above rocketing vehicles owned by the victim H and I, which are jointly owned by the victim H and I, to the sum of the repair cost, such as the exchange of post-sypinites, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to E and G;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 (a) of the Criminal Act for mitigation of a small amount of punishment (abstinence and abstinence of imprisonment without prison labor or any heavier punishment)

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