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(영문) 인천지방법원 2015.03.25 2014고단8951
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 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 of a DNA vehicle.

On October 5, 2014, the Defendant driven the above vehicle at around 18:05, and moved the road of 631-10, Nam-gu, Incheon, Nam-gu, Seo-gu, Incheon, to the area of active duty-free distance.

At the same time, the victim E(34 years old) driving vehicle was under active private distance in the front of the front line of the front line of the front line of the front line of the front line of the front line of the front line, and thus, the Defendant engaged in driving of the motor vehicle had a duty of care to prevent the traffic accident by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so, and caused the error of driving the said small-scale vehicle to shock the front side of the said Karen vehicle into the front part of the said small-scale vehicle.

As a result, the Defendant suffered injury to the victim E, such as salt, tensions, etc., in need of medical treatment for about two weeks; suffered injury to the victim G (V, 34 years of age) who was on board the damaged vehicle, such as salt, tensions, etc., in need of medical treatment for about two weeks; and at the same time, the Defendant escaped without immediately stopping the damaged vehicle to ensure that 2,021,768 won are in repair costs, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement of the police statement of E;

1. Traffic accident investigation report, on-site photographs, vehicle photographs, black image photographs, photo of a piracy vehicle, and on-site photographs;

1. Each written diagnosis and written estimate;

1. (Definition) Application of Acts and subordinate statutes to fact-finding inquiries and replies to the President of the Primary Medical Foundation of the Republic of Korea;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the penalty;

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