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(영문) 인천지방법원 2015.10.14 2015고단4968
특정범죄가중처벌등에관한법률위반(도주차량)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B Kaman II car.

On July 4, 2015, the Defendant operated the said car at around 00:15, and proceeded with two-lanes of the two-lanes of the front letter of the Ucheon apartment, which are located in 162, from the side of the Acheon-ro University, according to the gambling-distance.

At the same time, the victim C(27 years old) driver's DoW car was under direct control, so in such a case, the driver of the vehicle had a duty of care to safely drive the vehicle by accurately manipulating the steering gear, brake system, etc. of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the above victim vehicle, and shocked the above victim vehicle's pentle part before the driver's seat.

Ultimately, the Defendant, by negligence in the above occupational negligence, inflicted injury on the victim E (the 27-year old) who is the seater of the above victim and the above victim’s vehicle, such as climatic salt in need of medical treatment for about two weeks, suffered from the injury of the victim F (23 years old), who is the seater of the above victim’s vehicle, and the victim G (22 years old), for each of about two weeks of medical treatment, and escaped without taking necessary measures, such as providing rescue to the victim’s vehicle C with a traffic accident that has damaged the repair cost of KRW 6,519,00, such as the front driver of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, E, F, and G;

1. The actual condition survey report;

1. On-site photographs, photographs of the harming vehicles, and photographs of each damaged vehicle;

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.Article 40 of the Criminal Code of Trade and Trade.

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