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(영문) 인천지방법원 2012.12.27 2012고단10963
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 a small-scale car B.

On October 22, 2012, the Defendant driven the above car on October 22, 2012, and driven the front of the 474 Dong Dong Dong Dong Dong Dong, Seo-gu, Incheon, Seo-gu, about 60 km in the speed of the city, led to a one-lane between the three-lanes in the direction of home distance in the direction of the remote distance.

At the time, there are night signals and crosswalks installed, so the person engaged in driving of the motor vehicle has a duty of care to live well in the surroundings and drive the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim C (the age of 20) who dried the crosswalk in accordance with the pedestrian signals of the marina crossing by negligence in violation of the signal, to go beyond the floor by taking the victim C (the age of 20) as the front driver of the car driving seat of the defendant.

Ultimately, even if the Defendant suffered injury, such as cutting the frame and closing of the body part of the body part of which is unknown in detail, which requires treatment for about seven weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement at C’s police station;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding the crime. Article 5-3 (Selection of Imprisonment)

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the first offender and the agreement with the victim);

1. Suspension of execution: Article 62 (1) of the Criminal Act (Taking into account the fact that the error in the preceding sentence is against others);

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