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(영문) 인천지방법원 2016.01.21 2015고단7524
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 of B Poter cargo vehicles.

On June 22, 2012, the Defendant driven a above cargo vehicle on the 20:40 on June 22, 2012, and led to the moving-in of the road adjacent to the access road to the Duduk reservoir, which is located in the Dudukdong.

At the time, it was difficult at night, and in front of the direction of the defendant's proceeding, the victim C(72) was driving the bicycle, and thus, in such a case, the person engaged in driving service has a duty of care to prevent the accident in advance by checking the road situation well.

Nevertheless, the Defendant neglected this and got the bicycle of the above victim as the front part of the Defendant’s cargo vehicle by negligence.

As a result, the Defendant suffered injury to the victim, such as a cage cage cage cages, which requires approximately eight weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant destroyed the above bicycle to be required to repair 45,000 won, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the occupation of a person causing injury or injury to his/her duty) and Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not to be taken after damage) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture [the type of decision] is one type (the person who runs away after the injury) (the person who runs a special sentencing) after traffic accident.

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