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(영문) 인천지방법원 부천지원 2016.06.10 2016고단987
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaged in driving a motor vehicle B with detached motor vehicles.

On March 25, 2016, the Defendant driven the above car at around 19:00, and driven the front road of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, with a view to a private distance remote from the view of the view of the view, the Defendant proceeded at about 30km each hour of the two-lanes, depending on the length of the two-lane.

At the same time, there is a blind-distance intersection where signal lights are installed on the front side, and there are vehicles standing in order to ensure the smooth traffic signal atmosphere, so the driver of the vehicle has a duty of care to maintain the safety distance with the front vehicle and properly manipulate the steering and brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected to perform his duty at the front of the instant vehicle and was sent to the Defendant at the front of the instant vehicle due to the negligence of the Defendant’s failure to stop, and the victim D(W, 31 years old) who was under the stop while waiting at the front of the instant vehicle (hereinafter referred to as “Woo-Woo-Woo”), followed by the E-Woo-Woo-Woo-Woo-Woo-Woo-Woo

Ultimately, even though the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, damaged the E- which is lived vehicle owned by the victim to repair the E- which was damaged, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A medical certificate and a statement of automobile inspection and maintenance;

1. Application of statutes on site photographs and photographs of damaged vehicles;

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 the person causing injury or injury to his/her duty) and Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after the accident);

1. Commercial concurrence;

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