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(영문) 인천지방법원 2019.05.01 2019고단1720
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a cruise car.

On October 6, 2018, the Defendant driven the said car at around 04:35, and driven it at around 80km in the speed of 13 km away from the 4rd line of the 13km road, which is located in the Cheongcheon-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and proceeded along the 13-km side of the 4rd line of the 13-km road.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to accurately operate the steering direction and brakes and to prevent accidents by driving the motor vehicle in advance by taking into account the situation of the steering direction and brakes.

Nevertheless, the Defendant neglected to change the vehicle line and was driving the victim C(50 years old) driving in the same direction as that of the bed while changing the vehicle line, followed by the left side of the victim C(50 years old) driving, and received the part above the right side of the vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injuries such as salt, tensions, etc. in need of medical treatment for approximately two weeks, and suffered injuries such as finites, tensions, etc. from the victim E (the 39-year-old passenger), which requires medical treatment for about two weeks, and escaped without immediately stopping the taxi repair cost to the 896,978 won and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A traffic accident report;

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 related to the crime, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Voluntary mitigation does not focus on the reflection of Articles 53 and 55(1)3 of the Criminal Act and the degree of injury of victims.

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