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(영문) 인천지방법원 2014.02.12 2013고단7993
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

【Criminal Power】 On September 7, 2001, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Incheon District Court, and on December 11, 2008, the same court was sentenced to a fine of KRW 5 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving). On July 30, 2009, the same court was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act.

【Criminal Facts】 The Defendant is a person engaged in driving a vehicle BM5 vehicle.

On October 22, 2013, the Defendant driven the above car at around 23:10, and made the left turn to the left at the right turn from the direction of light transfer from the direction of the tinb market.

At this point, traffic control is not carried out through a T-line intersection without signal, so there was a duty of care to reduce speed before entering the intersection and prevent accidents in advance by properly examining the right and the right of the vehicle driver.

Nevertheless, the Defendant neglected this and proceeded as it is, while working in the new shopping distance, received the front wheels of the D C&C operated by the victim C(the age of 30) who was working in the direction of tinbafabab in the direction of the new shopping distance.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim requiring two-time medical treatment, such as crypitis, and at the same time, even though the above two-wheeled automobile was damaged by the pentine exchange, 1,135,000 won, and went away without taking measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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