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(영문) 인천지방법원 2018.06.04 2018고단438
특정범죄가중처벌등에관한법률위반(도주치상)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle C. C.

On 15:00 on 10 December 10, 2017, the Korean government made a left turn to the left in the direction of the new ethal-dong when the Korean government went to the intersection by using the non-packaged road in front of the ‘E' restaurant.

In such cases, since there are frequent traffic routes, there is a duty of care to confirm and proceed with the traffic situation in the intersection by temporarily suspending or making a left-hand turn prior to the entry.

Nevertheless, the Defendant neglected this and neglected to enter the intersection, and led the victim F (55 Do, South) driving at the right-hand side of the direction-hand side of the vehicle, the G Coin of the victim F (55 Do, South) driving at the right-hand side of the direction-hand side of the vehicle.

As a result, the Defendant suffered injury to the victim F and Hamman H (54 tax, female) in the course of his duties and on the job, and escaped without stopping and providing rescue as a driver of an accident vehicle, even though he was in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the occurrence of a traffic accident or a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the point of escape after the injury from duty and actual injury) of the relevant 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Since the sentencing criteria are applicable commercial concurrent crimes, only the lower limit of the recommended sentence shall be considered; and

[Scope of Recommendation] In the case of serious injury (a person who is in special sentencing) in the mitigation area (from June to one year) (a person who is in special sentencing) after a traffic accident, the mitigated area (a mitigation)

2. The instant crime determined by sentence does not temporarily stop at the intersection while the Defendant drives a car.

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