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(영문) 인천지방법원 2013.06.12 2013고단357
특정범죄가중처벌등에관한법률위반(도주차량)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 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 motor vehicle at a low price.

On December 22, 2012, the Defendant driven the above car on December 22, 2012, 01:15, and proceeded ahead of the 773-lane, Nam-gu, Incheon, Nam-gu, Seo-gu, Incheon, with the direction toward the side of the parallel distance.

At the time, it is difficult to secure the front time at night, and there are vehicles in front of the defendant, and thus, the driver of the vehicle has a duty of care to reduce the speed and prevent the accident in advance by thoroughly driving the front time.

Nevertheless, the Defendant neglected to do so and did not properly look at the front section of the said car and received the back part of the EK5-si driven by the victim C (V, 53 years old) who is waiting for the signal at the front section of the said car by the Defendant.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks, and suffered injury to the victim F (F (F) who is the passenger of the above taxi, about three weeks of age, such as drilling and fluoral salt, etc. requiring medical treatment, and at the same time, destroyed the above taxi to have approximately KRW 657,050 of repairing cost, and escaped without immediately stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, the Act on Probation, etc.;

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