(영문) 인천지방법원 2018.11.14 2018고단6660

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(영문) 인천지방법원 2018.11.14 2018고단6660

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 is engaged in driving a rocketing Pacific Vehicle.

On March 30, 2018, the defendant, at around 13:33, run the two-lane road in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, along the two-lanes, from the intersection of the mountain, to the Young Residents' Center.

At that time, there was an intersection with signal lights at that time, and accordingly, there was a duty of care to maintain safety distance for persons engaging in driving a vehicle, to watch the front and rear left and right, and to prevent accidents by properly operating the steering system and brakes.

Nevertheless, the Defendant, due to negligence in the course of duty, neglected to exercise due diligence, left the part behind the vehicle in front of the Defendant, thereby causing injury to the victim, such as salt pans, tensions, etc., of the left shoulder part, which requires approximately two weeks of treatment, and at the same time, escaped without any necessary measures such as aiding and abetting the above amount of e-sports vehicle and aiding and abetting the damaged 539,330 won, such as replacement of pans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. A medical certificate;

1. Application of the written estimate 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 non-measures after the injury from duty) 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Reasons for sentencing Article 62-2 of the Criminal Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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