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(영문) 인천지방법원 2018.04.27 2018고단801
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 driver of a liquid vehicle B.

On December 08, 2017, around 00:20 on the 00:20 of Seo-gu Incheon Seo-gu, Seo-gu, Incheon, the Defendant was running at about 60 km/h speed from the border distance to the speed of about 60 km.

A person engaged in driving of a motor vehicle has a duty of care to operate a direction direction when changing the lane and give prior notice of a change in course and to change the lane in the future and after the change in the traffic situation.

Nevertheless, due to the negligence of changing the course to the two-lanes as it is, the victim C is driving in the same direction as it is, the front part of the passenger bus driving by the victim C is shocked into the right side of the target vehicle, the front part of the passenger bus driving by the victim C, and the front part of the affected vehicle was continuously received the damaged vehicle by the front part of the affected vehicle.

Ultimately, the Defendant, due to the foregoing occupational negligence, escaped without taking necessary measures, such as relief measures, even though he/she suffered physical damage equivalent to KRW 2,96,514, i.e., e., e., e., e., e., e., e., e., e., e., e., f., e., e., e., f., e., e.,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A traffic accident report;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order and the like;

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