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(영문) 인천지방법원 2016.01.13 2015고단7291
특정범죄가중처벌등에관한법률위반(도주차량)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 a period of 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 BM5 vehicle.

On September 20, 2015, around 01:25, the Defendant continued the front road of the Nam-gu Incheon Metropolitan City, Incheon, in the direction of the SNSwa, and entered the main road.

In such cases, a person engaged in driving duty has a duty of care to temporarily stop prior to entering a main road and check whether there is a vehicle that proceeds from the front side and right side well and to drive safely.

Nevertheless, the Defendant neglected this and proceeded in a way so far, and did not discover a personal taxi as E in the victim D(56) driving in the direction of the shooting distance of the Gu Community Center in the direction of the eth of the eth of the eth, the Defendant was driving ahead of the upper part of the Defendant’s driving vehicle.

As a result, the Defendant suffered from the injury to the above victim, the victim F (V, 26 years of age), and G (26 years of age) by each of the above occupational negligence, and at the same time, the Defendant did not immediately stop the above damaged vehicle with the repair cost of KRW 2,271,631 due to the repair of the plate, and failed to take necessary measures, such as providing relief to the victims, even though it damages the above damaged vehicle to the repair cost of KRW 2,271,631.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

1. The actual survey report and on-site photographs;

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, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of view of failing to take measures after an accident) of the same Act;

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

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. The Criminal Act;

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