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(영문) 인천지방법원 2018.01.08 2017고정1752

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On October 30, 2016, the Defendant driven the said car without obtaining a driver's license on October 30, 2016, and proceeded to turn to the left at approximately 50km per hour from the direction of the IT center in the direction of the training-gu Incheon Metropolitan City, the intersection of which is 21 a 372 km as the air route international.

Since there is an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by reducing speed and driving a signal well by driving a person engaged in driving a motor vehicle.

Nevertheless, even though the Defendant neglected this and changed the signal into a red signal, the Defendant entered the above intersection as it is and proceeded with the direction of the direction of the air transport from the direction of the military unit to the right side of the victim C(40 ) who is driving in accordance with the new direction of the air transport in the direction of the military unit.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as catum fat, etc. in need of approximately two weeks of treatment, and at the same time, escaped without taking measures such as aiding the damaged person or confirming the degree of damage, even though the Defendant damaged the catus to the extent that the catus 12,305,438 won was the sum of the repair cost in front of the car in front of the said catus.

Summary of Evidence

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

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a motor vehicle license ledger, estimates, medical certificates, investigation reports (an investigation into video-recording files)

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 destruction of goods), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.