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(영문) 인천지방법원 2015.04.08 2015고단574
특정범죄가중처벌등에관한법률위반(도주차량)
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 engaging in driving a car B.

At around 03:40 on December 20, 2014, the Defendant parked the said car at the crosswalk 10,000, 6,000, Incheon Gyeyang-gu, Incheon Gyeyang-gu, to take a step forward to start the parking after driving it on the crosswalk 10,000,00,000.

At the time, the crosswalk was installed at night, and in this case, the driver of the motor vehicle has a duty of care to check whether there is a pedestrian or not in the crosswalk by properly examining the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant, while driving the above vehicle with drinking, was negligent in not looking at the crosswalk of the rear side while driving the vehicle without drinking, and received the part of the victim C (the 41 year old, n, n) who dried the crosswalk in the rear side of the vehicle.

As a result, the defendant suffered injuries such as salt ties, tensions, etc. in need of treatment for about three weeks, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statement on the occurrence of a D traffic accident;

1. Scenesics by a de facto survey report, on-site photographs, and by cutting CCTV images;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] The reason for sentencing under Article 62-2 of the Order to Attend shall be [the grounds for sentencing [the scope of recommending punishment] that there is no basic area (the period of August to January 6) (the person with a special sentencing] [the decision of sentence] [the person with no record of confession, criminal punishment] - the general insurance subscription - the circumstances disadvantageous to drinking driving

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