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(영문) 인천지방법원 2016.06.01 2016고단1725
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 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 driving a C E-car.

On March 10, 2016, the Defendant driven the above car on March 10, 2016, and led to the left turn to the left right at the court distance from the front of the Eart located in Incheon Nam-gu to the front of the court from the front of the king Mat at the center of the court.

In other words, there was no signal apparatus in the direction of the defendant's proceeding through the intersection leading from the side road. In such a case, the person engaged in driving service has the duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily stopping, and to check and drive the vehicle.

Nevertheless, the Defendant neglected to turn to the left as it is, due to the negligence of the Defendant’s driving, took part of the part on the right side of the victim F (61) driving G rocketing taxi, which was going to the right side from the left side of the Defendant’s driving direction, into the front part of the Defendant’s driving car, and the part on the back part of the victim H which the said taxi moved to the right side of the said taxi, and was parked on the front side of the said taxi.

Ultimately, the Defendant, by occupational negligence, sustained injury to the said victim F, such as salt, tensions, etc. in need of treatment for about three weeks, and at the same time, destroyed the said rocketing taxi to be in excess of KRW 4,323,592, such as painting, etc. to the right-hand side, and destroyed the said EF rocketing car to be in excess of KRW 1,523,707, such as fences, etc., and escaped without immediately stopping and taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Survey report, on-site photographs, and black stuffs and caps;

1. Application of the written diagnosis and written estimate under each Act and subordinate statutes;

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

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