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(영문) 인천지방법원 2017.07.12 2017고단2407
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 sports cargo vehicle even in C.

On February 20, 2017, at around 22:55, the Defendant driven the two lanes in front of the E convenience point in Seo-gu Incheon Metropolitan City D, and came to turn to the left at about 60km per hour in the direction of the Asia-si Stop Stop, from the direction of the Asia-si Stop Stop, in accordance with one lane in the direction of the Asia-si Stop Stop.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the defendant neglected this and failed to properly operate the front road and the brakes in the front bank, and caused the victim FF (19C)'s right knee part, which was crossing the road, to the left-hand part of the front-hand part of the cargo vehicle. At the same time, the victim's right knee part was taken into the front-hand side of the cargo vehicle, and the victim's right kne part was turned into the front-hand side part of the cargo vehicle, and the victim's right kne part was shocked into the left-hand part of the cargo vehicle.

Ultimately, the Defendant left away without taking such measures as aiding the victimized person or confirming the degree of damage by stopping knee, knee, etc., in spite of the Defendant’s negligence, which requires approximately two weeks of medical treatment, as seen above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of each prosecutor's office and police officers against the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report on investigation, such as a survey report on actual conditions, on-site photographs, a list of cases reported 112, a medical certificate, and a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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