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(영문) 인천지방법원 2020.04.22 2019고단8496
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Brane car.

On September 4, 2019, the Defendant driving the said car at around 16:30, and driving it in front of the Incheon Yeonsu-gu Seoul Metropolitan City Damo. On September 4, 2019, the Defendant proceeded along the alley path that is not divided into three-lanes from D to the above three-lanes, and entered the above three-distance at an indefinite speed.

However, since there is a large distance of vehicle traffic, a driver has a duty of care to prevent accidents and safely enter the vehicle by properly examining the operation status of other vehicles.

Nevertheless, the Defendant neglected such duty of care and entered the above three-distance and went to the right side of the road, and did not avoid a fystnael taxi in the victim E(52 years old) driving, which is going to the right side of the road, and did not avoid the fystal taxi in the direction of the road, and the Defendant shocked the front part of the car in the front part of the car of the fyst which the Defendant is driving.

Ultimately, the Defendant got approximately two weeks of medical treatment to the victim due to occupational negligence as seen above, and went away without taking necessary measures, even though he did not take necessary measures.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of E;

1. Report on the occurrence of a case suspected of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, report on internal investigation, report on internal investigation (case on the confirmation of a driver of a vehicle under consideration), and report on actual condition;

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, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act

1. The main point of the argument is a traffic accident that the Defendant is driving a car (hereinafter “instant accident”).

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