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(영문) 인천지방법원 2016.03.09 2015고단6920
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 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 car in CP.

On April 5, 2015, the Defendant driven the above car at around 19:10, and turned to the left at an aesthetic speed from the training station to the training high-speed of the cultural park located in Yeonsu-gu Incheon Metropolitan City.

In this case, the defendant engaged in driving of the vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brake system of the vehicle.

Nevertheless, the defendant is negligent in driving the motor vehicle by driving the motor vehicle of the defendant and left to the left, thereby driving the motor vehicle D(45 years) that has been driven by the victim D(45 years).

E- The front wheel of a siren car was driven by the defendant as the front wheeler part of the car driven by the defendant.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D, such as salt, tensions, etc., in which approximately two weeks of treatment is required for the victim D, suffered injury to the victim F (hereinafter 17 years of age) who was accompanied by the said vehicle, such as chills, tensions, and tensions, which require approximately two weeks of treatment. At the same time, the Defendant failed to take necessary measures, such as aiding the victim’s car by stopping the vehicle immediately to the extent that the repair cost, such as exchange of the back panel, is to exceed 6,501,523 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. A survey report on actual conditions;

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, and Article 151 of the Road Traffic Act concerning the facts constituting an offense;

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

1. The offense of violating the Road Traffic Act, at the option of punishment;

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