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(영문) 인천지방법원 2018.10.17 2018고단5802

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2018, the Defendant was driving a B Poter cargo vehicle on the part of the on-site distance located in the 415-1 of the Yongsan-gu Incheon Michuhol-gu, Incheon Metropolitan City, without obtaining a driver's license on May 31, 2018, and the German dispute proceeds by righting from the on-site market on the right side.

Since there is a place where the center line of the yellow domin line is installed, the cargo driver who intends to make a right-on-way has a duty of care to thoroughly operate the steering gear and brakes thoroughly and to prevent the accident from being invaded by the central line.

Nevertheless, the Defendant, while neglecting this and trying to turn to the left at a one-lane opposite to the Defendant, was driving the Victim C (26 tax).

D The driver was shocked in front of the driver's seat of the cargo vehicle, and the driver was shocked by the driver in front of the driver's seat of the vehicle.

As a result, the Defendant suffered injury to the victim, such as salt ties and tensions, etc. for about two weeks due to such occupational negligence, and at the same time, 1,658,070 won of repair expenses, such as the exchange of front cargo vehicles in front of the driver’s vehicle, was destroyed to damage the victim’s vehicle, and escaped without immediately stopping the vehicle and taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A traffic accident report;

1. Each photograph;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to report on investigation (report on telephone communications of a victim);

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 (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after accident), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licenseless driving) concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;