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(영문) 인천지방법원 부천지원 2018.04.18 2018고단466
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 driving a bus No. 388 with reinforced transportation.

On December 27, 2017, the Defendant driving the above vehicle at around 15:00, and driving the two-lane road in front of Kimpo-si at the time of Kimpo-si along the two-lane road in front of Kimpo-si at the direction of 30km each hour from the opposite intersection to the airport of Kimpo-si.

At the same time, the Defendant was behind the victim D (n, 42 years old) driven by the ED car in the same direction. In such a case, the Defendant had a duty of care to ensure the safety distance to avoid when the car stops and to accurately operate the steering gear and brakes, thereby preventing the accident.

Nevertheless, the Defendant neglected to stop the vehicle and found the vehicle that the injured party stops due to an accident at the front section of the said road and set the said car, but then found the vehicle late later and did not avoid the said car, and received the front part of the vehicle that the Defendant driven by the backer on the right side of the Rad Road.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, brain, and brain in need of treatment for about two weeks, and at the same time escaped without taking necessary measures, such as aiding and damaging the said Rad car and providing relief to the damaged party, so that 353,736 won, such as the exchange of ladr.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Written statements of D;

1. Recording notes of the details of investigation into telephone conversations of victims;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes by cutting off a survey report, on-site photographs, and images of damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (abundance) concerning criminal facts.

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