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(영문) 인천지방법원 2015.05.11 2015고단1194
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2015, the Defendant is a person who is engaged in driving the Cknife vehicle. On February 14, 2015, the Defendant driven the above knife vehicle at around 20:50, and led to a speed of about 88.8 km in the direction of the Pknife Highway located in the Bupyeong-gu Incheon Metropolitan City at a speed of about 80 km in the speed of the Sinife, depending on one lane among the four-lanes of the Pnife.

At the time, since it is night, and at all times, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by keeping the front side and the left side well and safely.

Nevertheless, the Defendant neglected this and changed the two lanes to a two-lane, and was in progress along the two-lanes of the victim D(39 years of age) driving, which was in line with the two-lanes, received the left side of the victim D(39 years of age) Ewing and freezing the two-lanes back to the right side of the defendant's seat, and had the said freezings enter the said freezings into the right side of the motor vehicle, thereby having the right side of the motorway.

The Defendant, by its occupational negligence, sustained injury to the victim D, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and went away without immediately stopping and providing relief to the victim, even though the Defendant damaged the said motorway that was managed by the Korea Expressway Corporation branch, to have approximately KRW 8,161,38,00, a repair cost amounting to KRW 8,161,38.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of the Acts and subordinate statutes of a written diagnosis (D), written estimate, and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime; and

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

1. Selection of the penalty;

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