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(영문) 인천지방법원 부천지원 2013.03.21 2013고단203
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 of Lone Star Cargo Vehicles B.

On January 26, 2013, the Defendant driven the above cargo vehicle on a 21:43rd day, and proceeded two lanes of the Seocheon-gu small copy-dong 161-18 front road at the speed of about 30 km from the boundary of the railway station to the Sisti-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by accurately manipulating the steering direction and brake system in a way that well enables a person engaged in driving of a motor vehicle.

Nevertheless, due to the negligence that the Defendant was negligent in driving a stroke while not accurately operating the steering wheel and brakes, the Defendant received the back part of the car driven by the victim C(the age of 41) who was parked in order to wait for the left-hand turn at the left-hand part of the Defendant’s next left-hand part.

Ultimately, the Defendant, by negligence in the course of performing the above duties, avoided the injury of salt, tensions, etc. to the above C during approximately three weeks of medical treatment; suffered from the victim E (the age of 67) who was accompanied by the said spati-type car at approximately two weeks of medical treatment; and at the same time, destroyed the said spati-type car to cover KRW 1,651,349 of repair cost, such as the exchange of spati-types, and escaped without any measures such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, estimates, and written diagnosis;

1. Relevant Article 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, Articles 148 and 54 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for each crime;

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

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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