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(영문) 인천지방법원 부천지원 2013.07.04 2013고단830
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

At around 17:30 on April 12, 2013, the Defendant stopped the freight vehicle at the edge of the road 57-5, Dong-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Do, Do-dong, but was driving the said freight vehicle in order to turn to the left at the parking lot of the "Tongsung-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Do-dong, 57-7.

At the time, the Fpool car, the victim E, driving at the time, was proceeding with the above road from the side of the vice-niveter between the northwest and the south apartment, and thus, the driver of the vehicle had a duty of care to check the safety of the way and prevent the accident, starting from the point of view.

Nevertheless, the Defendant neglected this and caused the negligence of driving the above cargo vehicle and received the part of the driver's seat of the above vehicle as a part of the driver's seat of the above vehicle.

Ultimately, the Defendant caused injury to the victim D, such as salt, tensions, etc., in need of approximately three weeks of medical treatment due to such occupational negligence, and at the same time, the Defendant left the said cargo vehicle without any necessary measures such as destroying the said vehicle to the left-hand side of the victim E, such as destroying the said vehicle to the extent that it did not immediately stop and providing relief to the victim D, and escaped to the left-hand turn.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, traffic accident actual condition investigation report, photographs, damage diagnosis report, and written estimate;

1. Article 5-2 (1) 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 point of failing to take measures after the destruction of articles);

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

1. Selection of penalty;

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