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(영문) 인천지방법원 2018.05.23 2018고단1341
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

1. On November 15, 2017, the Defendant was driving a motor vehicle with a 7km section from the Nam-gu Incheon Metropolitan City, Nam-gu to the front day of the “C Hospital” located in the Nam-gu, Incheon, Nam-gu, Incheon, without obtaining a driver’s license, from around 20:50 to around 45,307.

2. The Defendant is a person who is engaged in driving a motor vehicle as specified in paragraph (1) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and in violation of the Road Traffic Act (the subsequent measure after an accident).

On November 15, 2017, the Defendant driven the above vehicle at around 20:50, and driven the road in front of the “C Hospital” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, along the direction of the south-dong Office, toward the direction of the south-dong Office.

At the time, there was a center line with the yellow solid line at night, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without more than the center line and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not discover a two-wheeled vehicle in FPCX125 driving on the opposite side of the two-lanes that the Defendant proceeded with, but did not see, the two-wheeled vehicle in the victim E (33 ) driving, which was driven by the Defendant, and did not go to the central line, and received the front part of the victim two-wheeled vehicle in front of the Defendant’s motor vehicle.

Defendant 1 caused injury to the above victim by negligence in the above occupational field, such as “scarfly on the left side,” which requires approximately two weeks of treatment, and at the same time, Defendant 1 left the above two-wheeled automobile for repair expenses of KRW 3,559,000, and escaped without taking measures such as aiding the damaged person, even though the above two-wheeled automobile was destroyed, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A motor vehicle photographed and destroyed by a yellow fluor, a black fluore image fluor, and a damaged A motor vehicle photograph;

1. The investigation report (with regard to the specific circumstances and circumstances of the suspect) 1.

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