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(영문) 인천지방법원 2013.10.30 2013고단4849
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On July 14, 2013, the Defendant was negligent in performing the Defendant’s duty of electric-time watching and of securing safety distance while driving the said car at around 01:44, and driving the said car along the road of 10-866, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, along the one-lane of an open elementary school. On the other hand, the Defendant was negligent in failing to perform the Defendant’s duty of electric-time watching and the duty of securing safety distance, and received the part of the back-wing part of the Defendant’s vehicle in front of the passenger car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained a scopic scopic scopher, etc. requiring treatment for the victim for about two weeks, and at the same time, escaped without immediately stopping the said taxi and taking necessary measures, such as providing relief to the victim, even if it damages the said taxi to the extent that the amount equivalent to KRW 50

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law 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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., repeated circumstances favorable to the defendant among the reasons for sentencing) is that the defendant has caused a traffic accident, and such a crime is not deemed to have been committed as it is, although it causes human and material damage, the nature of the crime is not good, but its mistake is recognized, the damage suffered by the victim is relatively minor, the damage suffered by the victim is being covered by the comprehensive motor vehicle insurance, there is no history of punishment heavier than the fine, and the age of the defendant;

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