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(영문) 인천지방법원 부천지원 2015.10.29 2015고단2472
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

On July 25, 2015, the Defendant driven B Car with B Carren as a job around 02:00, and proceeded in one way among the two-lanes by using the roads adjacent to Draton Line High School in Suwon-si, Suwon-si, as a modern apartment protection zone in the agricultural product market from the atmosphere of the agricultural product market.

At this point, there is a center line of yellow-ray, so in such a case, a person engaged in driving of a motor vehicle is not obliged to commit the center line, but is negligent in neglecting such duty of care, and thereby, the part of the front part of the Karen-si driven by the victim C(the age of 61) who is in the atmosphere signaled at the first lane of the center line, which is driven by the victim C(the age of 61) who is in the atmosphere of the signal signaled at the same time.

The Defendant, by the above occupational negligence, suffered injury to the victim E (the 34 years old), who was a guest boarding the back seat of the victim C and the above rocketing taxi, respectively, for about two weeks of medical treatment, and at the same time, had the victim, re-shot-si owned by the victim, re-shot-si, which had a department for repair costs of approximately KRW 592,568, such as the exchange of the front shot-si, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The investigation report on the actual condition of a traffic accident, the report on the occurrence of a traffic accident, each photograph, the report on internal investigation (fluoring on the screen of the damaged vehicle) and the application of Acts and subordinate statutes of each investigation report;

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 the crime by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

1. Order to attend lectures under the Criminal Act;

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