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(영문) 인천지방법원 2018.08.22 2018고단4662
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a vehicle B with low investment.

On May 10, 2018, around 05:40 on May 10, 2018, the Defendant proceeded with a road of one lane in front of the bus stops in the village in which the height of the crew members of the Incheon-gun, Incheon-do, is in the way.

Since there are crosswalks at a front door, in such cases, there was a duty of care to confirm whether there is a person who gets on the way to reduce the speed for the person engaged in the driving of a motor vehicle and to see well the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground by taking the victim C (84)'s bicycle rear wheels part of the victim's bicycle driving crossing from the right-hand side of the vehicle running above to the left-hand side of the above-mentioned vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to sugars, etc. without any room in two weeks open for the treatment of the victim. At the same time, even though the Defendant destroyed the above bicycle for repair expenses, it did not immediately stop and escape without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Each photograph;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Considerations under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective points, primary points, and agreed with the victim) of the mitigated amount of punishment;

1. The Criminal Act, the suspension of execution;

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