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(영문) 인천지방법원 2019.06.19 2019고단2038
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaging in driving a rocketing car.

On January 25, 2019, at around 20:09, the Defendant continued the roads in front of D upper points located in the Nam-gu Incheon Metropolitan City, Nam-gu C from the river basin to E apartment protection area.

At the time, since it is night and a large number of vehicles are parked closely, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear and accurately.

Nevertheless, due to the negligence of neglecting this, the Defendant was placed at the right side of the Defendant’s operation with the top part of the said vehicle’s operation, and the Defendant was placed at the top part of the said vehicle’s operation, following the left side of the G rocketing passenger vehicle owned by the Victim F (F, 44 years old), and continued to stop in front of the said vehicle, and received the part behind the right side of the victim’s H(38 years old) driving.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim H, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, went away without taking necessary measures, such as aiding and abetting the victim’s H, even if he damages the said rocketing car to the amount of repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on site photographs;

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 the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation did not have the same criminal record, and the victims after the crime of this case was committed.

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