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(영문) 인천지방법원 2013.05.22 2013고단865
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 low-est car.

On January 23, 2013, the Defendant driving the said car around 01:00, and driving two lanes in order to the side of the sublime's playground at the distance of sublime, Nam-gu Incheon, Nam-gu, Incheon, for the two-lanes.

A person engaged in driving service has a duty of care to ensure safety by accurately operating, steering, and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received the part of the back-setting part of the DNA passenger car driven by the victim C(50) who was in the atmosphere of signal at the front of the vehicle driving by the Defendant.

The Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc., which requires treatment for about two weeks, and, at the same time, escaped without immediately stopping the above high-speed car and taking measures, such as providing relief to the victim, even though the Defendant destroyed and damaged the above high-speed car so that the sum of 1,280,000 won, including the exchange of back pans, can come into existence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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