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(영문) 인천지방법원 부천지원 2013.04.11 2013고단298
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On September 22, 2012, the Defendant driven the said car without a driver’s license on September 22, 2012, and proceeded bypassing the two-lanes from the outer remote distance to the territorial remote distance, depending on the two-lanes in order to 533-lane 533 degrees in order to the outer remote distance.

At this point, there was a center line of yellow solid lines, so in such a case, there was a duty of care to safely drive the car with the driver's duty to keep the car in good faith.

Nevertheless, the Defendant neglected this and neglected to make a broad round, and was driven by the victim C(59 years old) who was stopped on the road on the opposite lane due to the negligence near the central line, and was driven by the victim C(59 years old). The front part of the Dunststa cab was driven by the Defendant as the front part of the car of the Defendant.

The Defendant, by negligence in the course of performing the above duties, sustained clocks and tensions requiring treatment for the victim, and at the same time, escaped without immediately stopping the said taxi to cause approximately KRW 509,735 for repair expenses, such as the exchange of flins, and thereby failing to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Application of the Acts and subordinate statutes to the register of traffic accident occurrence reports, actual condition investigation reports, each photograph, black stay images, estimates, and car driving licenses;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and selection of imprisonment with prison labor;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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