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(영문) 인천지방법원 부천지원 2018.11.15 2018고단2492
특정범죄가중처벌등에관한법률위반(도주치상)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 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 the operation of Cunst Motor Vehicles.

On February 4, 2018, the Defendant driven the above car at around 07:16, and led the 329 Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju High School to go straight from the upper string to the upper string.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents by accurately manipulating the steering and steering system and accurately.

Nevertheless, the Defendant neglected this and did not properly look at the front, and proceeded with the victim D(51) who was parked in the front line by negligence in the course of the duty and did not see the front line of the car, following the E-motor vehicle, which was driven by the victim D(51) in order to wait at the signal at the front line.

As a result, the Defendant suffered injury to the victim due to the foregoing occupational division and office for approximately two weeks of medical treatment, and at the same time, destroyed the said low-priced car to be repaired by approximately KRW 423,146, and escaped without immediately stopping the vehicle and without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 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 concerning the crime (the point of failing to take measures after the accident)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes for which any more punishment is imposed among the crimes referred to in the aforesaid Articles);

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. Order to attend lectures and order to provide community service: Article 62-2 of the Criminal Act;

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