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(영문) 인천지방법원 2017.10.12 2015고단748

특정범죄가중처벌등에관한법률위반(도주차량)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 January 21, 2015, the Defendant is a person engaged in driving a B-5 vehicle. On January 21, 2015, the Defendant driven the said vehicle without obtaining a driver’s license on around 23:58, and driven the said vehicle at a three-lane crossing at the entrance of the road upgrade complex No. 253, Nam-gu, Incheon, Nam-gu, according to three-lanes of the 5-lane, from the shooting distance room on the island of the falling island. In such a case, the Defendant, who is engaged in driving the vehicle, has a duty of care to take care of preventing accidents in advance by driving the vehicle in a safe manner pursuant to the front section and the left section and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to stop while driving the vehicle at the front bank and was driving the vehicle at the victim C(27) driving, which was stopped in accordance with the new sub-paragraph (27), followed the right side of the vehicle by the victim C(27) in the front bank, and received the driver from the front left side of the vehicle by the Defendant.

The Defendant, by such occupational negligence, suffered injury to the victim C and the victim E (the age of 53) who was on board the said C driver’s car, such as salt, tension, etc. in need of treatment for each two-day period. Although the Defendant damaged the said K7 vehicle to repair cost of KRW 860,510 for the victim C driving, the Defendant immediately stopped and escaped without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. The driver's license ledger and each medical certificate;

1. Application of Acts and subordinate statutes concerning damaged vehicles, photographs, booms images, and closure photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act (the point of failing to take any measure after an accident), and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Selection of imprisonment with prison labor chosen;

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. The Criminal Act for mitigation of quantity;