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(영문) 인천지방법원 부천지원 2019.05.31 2019고단501
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 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 motor vehicles BMW320D.

On October 1, 2018, the Defendant driven the said car without a driver's license on October 1, 2018, and operated the two-lane road in the front direction of the Seocheon-si along the speed of the two-lane in the direction of the river basin in the direction of the river basin.

At the time, there is a night and an intersection in the front side, so there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in a way that well sees the front side and the left side.

Nevertheless, the defendant neglected to stop on the front side of the victim D (the age of 65) who was standing on the front side of the defendant's vehicle due to negligence while driving in the front side of the defendant's vehicle, was shocked with the front part of the vehicle of the defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tension, etc., in need of treatment for about three weeks, and, at the same time, escaped without any necessary measures, such as stopping and saving the victim, even though the Defendant destroyed and damaged the said car to the extent of 1,619,028 won, such as the repair cost for slot trading.

2. Around 02:00 on October 1, 2018, the Defendant was driving a BMW320d car without a driver’s license on the roads near Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. The actual condition survey report and photographs of the accident site;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Articles 148 and 54 of the Road Traffic Act.

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