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(영문) 인천지방법원 2018.07.04 2018고단3004
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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 the duty of driving a C car free car.

On March 28, 2018, the Defendant driven the above car at around 07:50 on March 28, 2018, and proceeded along the four-lanes near the rooftop distance, which is located in the German line of Yeonsu-gu Incheon Metropolitan City, along the three-lanes near the rooftop distance, and changed the lane to the four-lanes.

In this case, since the EM5 passenger vehicles driven by the victim D are waiting for and stopping down, there was a duty of care to change the lanes by taking into account the traffic conditions of the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and neglected to change the lane as it is, and thereby, received the back part of the above SM5 car as the panion in front of the driver's seat of the car of the said SM5 car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and, at the same time, avoided the repair cost of KRW 1,097,466, such as exchange of back panions, and escaped without immediately stopping and providing relief to the victim, even though the Defendant damaged the said SM5 vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report and a report on the occurrence of traffic accidents;

1. Photographs related to accidents;

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 point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

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