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(영문) 인천지방법원 부천지원 2018.10.12 2018고단1821
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended between two and half 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 math car.

On April 2, 2018, the Defendant driven the above car at around 04:50, and came to turn to the left at a speed that is impossible to be known from the surface of the wind apartment at the front of the Seocheon-si.

Since there is an intersection where traffic is not controlled, the defendant engaged in driving service shall go slowly along the center line of the road in advance and turn to the left, using the center inside the intersection. At this time, the hand, direction or light sent by the signal until the left or right turn is completed, and there was a duty of care to drive safely by properly examining the front and rear side.

Nevertheless, the Defendant neglected to make a left-hand turn and proceeded to the left-hand turn following the above car driven by the Defendant, and was driven by the injured party D, which was driven by the victim D., the part of the fences front of the right-hand side of the said car.

As a result, the Defendant committed a traffic accident by negligence on the part of the Defendant, resulting in an injury to salt and tensions that require approximately two weeks of medical treatment, and at the same time, did not immediately stop the said van so that the said van would amount to KRW 1,229,670, and failed to take necessary measures, such as providing relief to the injured.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. A written statement of the occurrence of each traffic accident of D or F;

1. The actual investigation report on traffic accidents;

1. Photographs of an accident vehicle;

1. A medical certificate;

1. Multi-purpose CCTV CDs;

1. Application of Acts and subordinate statutes to investigation reports (verification of insurance management of damaged vehicles);

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 measures not taken after an accident);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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