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(영문) 인천지방법원 2014.05.19 2013고단8498
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 of the final judgment.

Reasons

Punishment of the crime

Around 00:55 on November 11, 2013, the Defendant: (a) driven a Rab car driving at B 00:00:55, and (b) proceeded along the 1 charging station intersection in Jung-gu Incheon, Jung-gu, Incheon, to the 50km speed of the 50km road at the speed of 3:50km from the surface of the seat of the luxter at the seat of the luxter, along the 4-lane of the 50km road at the speed of the lux, the Defendant: (a) is an intersection where a signal, etc. is installed at the speed of the 50km; (b) thus, (c) a person engaging in driving a motor vehicle is negligent in performing the duty of care to safely drive the motor vehicle according to the vehicle signal while neglecting the duty of care to safely drive the motor vehicle; (d) thereby, (d) caused the victim to immediately destroy the 6-day driver’s vehicle in front of the lux; and (d) at the same time, (e) 35.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Statement of the occurrence of E traffic accident;

1. A report on the occurrence of a traffic accident, a photograph of the damaged vehicle, a site photograph of the accident, an on-site map, and a report on the internal investigation;

1. A medical certificate;

1. Application of the written estimate for insurance acceptance;

1. Article 5-3 and Article 5-1 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of view of measures not to be taken after an accident);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on any person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, which requires more severe punishment);

1. Selection of imprisonment with prison labor chosen;

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

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