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(영문) 인천지방법원 부천지원 2018.05.17 2018고단186
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment 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 who is engaged in driving a low-speed car.

On November 27, 2017, the Defendant driving the said car at around 19:30, and driving the said car at around 19:30, and driving the three-lane road prior to the “D agency” located in Seocheon-si C, Seocheon-si, along the one-lane road.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the road traffic conditions, the structure and performance of the motor vehicle, and there was a duty of care to drive the motor vehicle safely by accurately examining traffic conditions on the left and right side.

Nevertheless, the Defendant was negligent in neglecting this and received the front part of the car driving by the Defendant, which was driven by the victim E (Woo, 54 years old) who was waiting for the signal at the front section of the above low-speed car.

Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim E and the victim G (27 years) who was on the said E-mail car, with about two weeks of medical treatment, respectively, the Defendant, and at the same time, failed to take necessary measures such as aiding and abetting the victim by immediately stopping the said car to the extent that the repair cost, such as exchange of back panions, was damaged by 1,274,128 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Results of this court’s verification of black boxes and CDs;

1. Results of inquiries into each fact about the H hospital head, I, and the president of this Court;

1. A report on investigation (the analysis of records of damaged vehicles) and a report on internal investigation (the victims and physical damage);

1. A report on the actual condition of a traffic accident and a report on the occurrence of a suffering accident;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act, as to the crime in question.

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