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(영문) 인천지방법원 2017.05.24 2017고단1600
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 one year 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 vehicle B K9.

On February 25, 2017, around 08:00, the Defendant made a left turn to the left at one lane of the four-lanes of the Samsan Police Station located in the Dolsan City, the 475 square street intersection in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, at the level of the Dolsan Police Station.

Since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to observe the signal and prevent the occurrence of the collision by driving.

Nevertheless, the Defendant neglected this and neglected to turn to the left without disregarding Defendant’s moving-down red signal, and received the front part of the victim C(40 years old) driver’s car driving through the intersection in accordance with the new code from the seat of the police station at the Malsan C(40 years old) in the left-hand side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim C and the victim E (hereinafter referred to as the “victim”), who is a passenger of the victimized vehicle, for about three weeks of medical treatment, respectively, due to such occupational negligence, and at the same time, the Defendant did not immediately stop the vehicle and run away without taking necessary measures, such as providing relief to the damaged party, even though it damages the car in excess of the total value of KRW 8,565,093, such as the exchange of the front driver, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual conditions;

1. Each and medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act, and Article 54 (1) of the Road Traffic Act, as to the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of view of failing to take measures after the destruction);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against E, which is the most severe punishment and punishment among the above Articles);

1. Selection of penalty as an alternative penalty;

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