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(영문) 인천지방법원 2016.08.31 2016고단2611
특정범죄가중처벌등에관한법률위반(도주차량)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 is engaged in driving a car at C.

On April 17, 2016, the Defendant driven the above vehicle around 01:40, and moved the intersection in front of the Incheon Yeonsu-gu, Incheon, to the Korean Pharmacopoeia from the intersection of the intersection.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe manner by taking into account the traffic conditions on the front side and right side.

Nevertheless, the Defendant neglected this and neglected to stop from the center line to the signal atmosphere, and led the victim E to the front part of the vehicle subject to sod, the front part of the vehicle subject to sod, which was driven by the victim E, while driving in the opposite line due to the negligence of breaking the center line, and caused the victim G being in the signal atmosphere to have the front part of the H K5 vehicle driven by the victim G being in the signal atmosphere.

Ultimately, the Defendant, by such occupational negligence, suffered from the victim E with a stude of a chest-out wall that requires approximately two weeks medical treatment, and, at the same time, 3,029,498 won for repair of the said sturged vehicle, went away without taking necessary measures, such as immediately stopping the said K5 vehicle, checking the damage situation by immediately stopping it, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs;

1. Application of the written diagnosis and written estimate under each Act and subordinate statutes;

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 (the point of absence of accident) concerning the crime;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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