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(영문) 인천지방법원 2015.04.01 2015고단424
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 engaging in driving D's low-income automobiles.

On December 27, 2014, the Defendant driven the above car at around 05:00, and proceeded ahead of the new global apartment site located in 857, Nam-gu, Incheon Metropolitan City, Chungcheongnam-gu, according to one-lane in the direction of sand village shooting distance from the liver-gu.

At night, there was a signal at all times, and thus, there was a duty of care to prevent accidents in advance, such as observing the signal, safe driving by checking the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to drive a stroke and stopped to a signal signal at the front side of the running direction, which was followed by the Funst Driving Vehicle of the Victim E (the 56-year-old) by the Defendant, and received the part of the stroke in front of the franchise-free car.

In sum, the Defendant, by such occupational negligence, committed an injury to the victim E with a tension and tension in the bones of a tree that requires approximately two weeks of medical treatment, and sustained injury to the victim G (the 53 years old), who was on board the said rocketing car, by taking approximately two weeks of medical treatment, and at the same time, escaped without taking measures such as aiding and abetting the rocketing car, even though the 2,099,218 won was damaged to the degree of repair cost, without taking measures such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A survey report on actual conditions, on-site map, and photographs;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The following favorable circumstances under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation:

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