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(영문) 인천지방법원 부천지원 2016.05.04 2016고단247
특정범죄가중처벌등에관한법률위반(도주차량)
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 knife vehicle in Ireland.

On November 22, 2015, the Defendant driven the above van on around 23:34, and stopped near Fjuk-si E in Seocheon-si, Seocheon-si from the 3-distance bank of elementary school duplication to the 2-lane bank of small middle school, but became one-lane.

At this point, since the passage of a vehicle driving along one lane is frequent, a person engaged in driving of a motor vehicle is required to change course in advance through direction direction, etc., and after checking whether there is a vehicle driving along one lane, there was a duty of care to prevent accidents in advance by changing the vehicle line.

Nevertheless, the Defendant neglected this and did not check the rear side properly, and instead changed the course from the two lanes to the one lane, and caused the above victim to go beyond the floor by taking the part of HKa wing 124C wing 124C wing Hand and spboards on the right side side side side side part of the Defendant’s vehicle, which was driven by the victim G (35 ) who was going in the same direction by the same way as a one lane.

Although the Defendant did not take necessary measures, such as providing relief to the victim, even though he/she suffered from an injury to a sacrife saf, which requires approximately two weeks of medical treatment due to the above occupational negligence, the Defendant fleded without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Descriptions of a medical certificate;

1. Application of CCTV backup-related video Acts and subordinate statutes;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to provide community service and attend lectures, protection and observation under Article 62-2 of the Criminal Act;

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