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(영문) 인천지방법원 2018.02.07 2017고단8679
특정범죄가중처벌등에관한법률위반(도주치상)등
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 benz E200 Cablle car.

On September 15, 2017, the Defendant driven the above car at around 02:04, and continued to drive 668 in the south-gu Incheon Metropolitan City, the front road of the LG Electronic Service Center, from the direction of the office distance of the south-dong office, about 80km in speed from the two-lanes in the direction of the office distance of the Nam-gu.

In this case, a driver of a motor vehicle has a duty of care to prevent an accident by accurately operating the steering gear and brake system of the motor vehicle in a situation of traffic on the front side and right side and right side.

Nevertheless, the Defendant neglected to stop and proceed as it is, while driving the Da K5 vehicle operated by the victim C (29) who was stopped and stopped in order to get off the passenger vehicle in front of the passenger vehicle of the Defendant, and got injured by the victim C and the victim E (28 years old, south) who was boarding the said K5 vehicle in front of the passenger vehicle of the Defendant and suffered injuries, such as dump dump and tensions, which require two-day medical treatment, and at the same time, escaped without taking necessary measures, such as aiding and damaging the said vehicle, which is owned by the victim C, to the extent that 600,136 won is above 60,000 won, such as the landing of the driver, etc., and immediately stopping the vehicle and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each statement of actual condition survey, each photograph, each written diagnosis, written estimate for maintenance, and each statement of treatment;

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: 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: Article 148 and Article 54 (1) of the Road Traffic Act;

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. The criminal defendant's reasons for sentencing under Article 62 (1) of the Criminal Act, such as the escape even after having committed a traffic accident.

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