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(영문) 인천지방법원 부천지원 2019.03.27 2019고단107

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 12, 2016, the Defendant was sentenced to two years of imprisonment for a crime of fraud, etc. at the Daejeon District Court. On October 19, 2016, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the same court. On April 19, 2018, the Defendant terminated the execution of the final sentence.

1. On November 19, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license on or around 15:50 on November 19, 2018, the Defendant driven a HMW320d car from the section of about 57 km to the front day of the set of D Middle School located in Ansan-si, Ansan-si, and the F located in Seocheon-si, Seocheon-si, to the front day of Busan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving cars with HMW320D.

On November 19, 2018, the Defendant operated the said car without obtaining a driver's license at around 15:50 on November 19, 2018, and changed the lane to the one-lane while driving the two-lane road in front of G in Bupyeong-si from the side of the river basin to the distance of the two-lane.

In this case, the defendant engaged in driving service had a duty of care to prevent accidents in advance by operating direction direction, etc. in advance, giving prior notice of change of course, and keeping the right and the right well, and safely changing the vehicle line to prevent accidents.

Nevertheless, the Defendant neglected to do so and received the part on the right-hand side of the victim I (the 38-year-old driver's license) who was in the air traffic at the front of the BMW car after the victim I (the 38-year-old driver's license), who was in the atmosphere of the signal at the right-hand side of the BMW car.

Ultimately, the Defendant, who caused a traffic accident by negligence on duty, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, immediately stops the said car to ensure that 2,213,506 won are damaged, such as the exchange of the said car and the exchange of the vehicle for the victim, and the necessary measures, such as providing relief to the victim.