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(영문) 인천지방법원 2017.07.21 2017고단2432
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

On November 13, 2016, the Defendant driven the above vehicle at around 17:05, and driven the above vehicle at the speed of about 50 km from the border of the Incheon Bupyeong-gu, with two lanes in front of the 130-lane Green church, one of three-lanes in front of the 130-lane Green church.

A person engaged in driving of a vehicle has a duty of care to ensure safety distance that can be avoided when the vehicle in front stops well and the vehicle in front is stopped.

Nevertheless, the Defendant neglected this and waited for the signal on the front side of the Defendant’s vehicle while driving, and received the back part of the victim’s D-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as salt, tension, etc. of the bones of a verte, which requires treatment for about two weeks, and suffered injury to the victim E (the 63 years old), who is the passenger of the said cruise car, such as salt, tension, etc. of the climatic tensions requiring treatment for about two weeks, and escaped without taking necessary measures, such as providing relief to the victim E (the 63 years old), while destroying the repair cost of the said cruise car to the extent that the amount equivalent to KRW 1,395,05,051 is damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each written diagnosis;

1. Written estimate of general repair expenses;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to screen pictures of vehicles involved in accidents and motion picture images suspended;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act (is located on the Do), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime under each relevant Act (the point of view after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act for mitigation of quantity;

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