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(영문) 인천지방법원 2018.08.22 2018고단4570
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 engaged in driving a vehicle with K5 passengers.

On April 28, 2018, the Defendant driven the above car at around 22:30, and carried the four-lane road in front of the D gas station in Bupyeong-gu Incheon Metropolitan City along four-lanes, using four-lanes to four-lanes, the Defendant was at a speed that is unable to identify the red signal of the vehicle while driving from the Gu gas station in the vicinity of the common distance.

In this case, after completely stopping a vehicle to a person engaged in driving, the vehicle has a duty of care to live well, secure safety distance, and drive safely when the vehicle starts with green signals.

Nevertheless, while neglecting this, the Defendant was negligent in driving F Alti-Ma car driving in front of the Defendant’s vehicle E (36) with a F Alti-Ma car driving in front of the Defendant’s vehicle, which was in front of the Defendant’s vehicle, even though it was stopped in accordance with the red signal, and received the lower part of the said Alti-Ma car as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above. At the same time, the Defendant, at the same time, escaped without taking necessary measures, such as aiding and abetting the victim, even though the repair cost of KRW 1,179,970, such as exchange of the back panion, destroyed the said car owned by the victim to the extent that it was damaged, and immediately stopped, and

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to report internal investigation (including submission of a medical certificate, etc.), diagnostic certificate, automobile inspection report, and maintenance specifications;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

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

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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