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(영문) 인천지방법원 부천지원 2018.02.08 2017고단171
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On December 10, 2016, the Defendant, without obtaining a driver’s license from around 09:15 on December 10, 2016, changed the lane in order to walk in the opposite direction while driving a two-lane road of 2248, as Kimpo-si, the Eup-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

At the time, there was a vehicle driven in one lane, so in such a case, there was a duty of care to inform the person engaged in driving of the vehicle of the direction by direction, etc. in advance and to change the lane safely by keeping the traffic situation before and after the time.

Nevertheless, the Defendant neglected to turn left at the front, left, and changed the right turn to a first lane, and caused the Defendant’s negligence in changing the right turn to a first lane, and the part of the Dog Islands’s front gate, which is driven by the victim C (53 Do) who is driving in a normal situation at the rear side of the first lane, was shocked with the Defendant’s front front gate of the said vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as cryp and fump base in need of approximately two weeks of treatment. At the same time, even though the repair cost of the damaged vehicle was damaged to a level equivalent to approximately KRW 2,001,217, and escaped without immediately stopping and taking necessary measures.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) operated the said vehicle at the same time and at the same place as the above paragraph without obtaining a driver’s license.

Summary of Evidence

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

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes, such as site photographs;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act.

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