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(영문) 인천지방법원 2013.10.17 2013고단3747
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving a B Tran vehicle.

On May 27, 2013, the Defendant driven the above vehicle around 08:00, and driven the 4th line in front of the Sindo-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, the fourth line of the front of the Sindo-dong apartment was driven at the speed from the Seo-gu, Seo-gu to the full distance.

At the time, there was an intersection in which signal lights are installed at the front of the Incheon subway construction, so there was a duty of care to prevent accidents by reducing speed and driving a signal well.

Nevertheless, the Defendant neglected to stop as it is and found that the DUP car driven by the victim C (the age of 46) stops in the traffic signal atmosphere, and took a sudden operation measure to avoid this time. However, the Defendant failed to take the measure so that it was insufficient to take the measure and received the part before the left-hand part of the car driven by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions, which require treatment for about two weeks, while at the same time, the Defendant, such as the replacement and maintenance of the f19,197 won, destroyed the victim’s car to the extent that the repair cost, such as the replacement and maintenance of the f19,197 won, and escaped without taking necessary measures, such as stopping, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on occurrence and a report on actual condition;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. The point of escape after an injury resulting from occupational negligence due to the pertinent legal traffic concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 (Punishment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes of which Punishment is heavier) of the Commercial Concurrent Crimes.

1. Selection of penalty as an alternative penalty;

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