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(영문) 인천지방법원 2018.07.04 2017고단9409
특정범죄가중처벌등에관한법률위반(도주치상)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 who is engaged in the operation of H-to-purd motor vehicles.

On July 13, 2017, at around 22:00, the Defendant proceeded at a speed of about 20 km from the front left side of the Incheon Southern-dong-gu, Incheon Metropolitan City I, along with one lane in the direction of the driving distance from the training-dong, and neglected to notify the direction, etc. in advance while changing the course to the two lanes, and neglected to perform the duty of care to change the two lanes due to the negligence of changing the course to the two lanes, and failed to perform the duty of care to change the two lanes due to the negligence of moving the direction into the two lanes, the Defendant left the two lanes of the victim J (Y, 25 years old)'s driving on the left side of the KS5-on-hand side of the passenger vehicle, resulting in the injury of salt, etc. requiring a warning treatment for about three weeks, and failed to immediately repair the above part to the left side and immediately stop the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Application of the Acts and subordinate statutes governing the table of diagnosis, estimate of damaged vehicles, and sales of the cost of repairing damaged vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Since the sentencing criteria are applicable commercial concurrent crimes, only the lower limit of the recommended sentence shall be considered; and

[Extent of the recommended punishment] The mitigated area (from June to one year) shall not be punished after a traffic accident.

2. Determination of sentence:

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