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(영문) 인천지방법원 2017.08.30 2016고단8592
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 one year 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 ice car.

On November 18:40 on November 7, 2016, the Defendant driven the said car without obtaining a driver's license of the said car, and driven the five-lanes in front of the vehicle of the baselines, located in 811 in the south-gu Incheon Metropolitan City, Nam-gu, Incheon, along one-lanes, in the direction of the shooting distance of the city of the Gu, in the direction of the city of the city of the city of the Gu, and led to a flow of about 20km in the direction of the opening of the city of the Gu.

In this case, there was a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system of the vehicle with the driver of the vehicle who is engaged in driving.

Nevertheless, the Defendant neglected to do so and did not look at the front part of the car, and the portion of the D-learning car driving seat driven by the victim C (W, 32 years old) who is driving in the above Swiss car is shocked into the left part of the driver's seat in front of the Switzerland car.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim E (the 43-year-old passenger) who is a passenger of the frighting car, to the victim E (the 43-year-old passenger), by causing about 2-day medical treatment of the head in need of approximately 1,153,854 medical treatment, and, at the same time, escaped without taking measures such as aiding the damaged person or checking the degree of damage, even if the frighting car damages the sum of the repair cost, etc. after the frighting car to the effect that the frighting car would be damaged to the sum of the repair cost of KRW 1,153,854.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement protocol against C and E;

1. To recognize the fact-finding survey as evidence to reinforce the driving without licenses;

1. Each and medical certificate;

1. Written estimate;

1. Application of the CDA (Scambling video) statute

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the point of escape after the injury caused by occupational negligence) concerning the crime in question.

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