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(영문) 인천지방법원 부천지원 2015.05.28 2015고단809
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On March 17, 2015, the Defendant driven the above cargo vehicle at a speed of about 40km in the direction of the safe south distance in the front of the two-lane road in order to drive the above cargo vehicle at a speed of about 18:45 meters.

In such cases, a driver of a motor vehicle has a duty of care to take a full-time and right-hand side and right-hand side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the defendant neglected this and went into operation, and the victim E (hereinafter referred to as 48 years of age) who entered the two-lanes of the defendant's right-hand side by changing the way from the two-lanes of the defendant to the one-lanes of the driver's vehicle was not found, and the part of the defendant's cargo was set back in front of the left-hand side of the victim's vehicle.

The Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as a drilling and catum salt requiring treatment for about two weeks, and at the same time, did not immediately stop the said passenger car so that repair expenses equivalent to approximately KRW 1,258,813 are damaged, and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. The application of Acts and subordinate statutes to report the investigation of diagnosis certificates, estimates, and CCTVs;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment], the first type of escape after traffic accidents (the act of escape after bodily injury) is minor injury (the act of special mitigation) in the area of special mitigation ( March to October).

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