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(영문) 인천지방법원 2016.04.21 2013고단2838
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 28, 2013, at around 02:55, the Defendant driven a B-house car without obtaining a driver's license for a motor vehicle, and led the distance in Incheon Gyeyang-gu C to the speed of about 60 K km at the speed of 10 K km from the Sanam Sanam Saro to the home-side bank.

At the time, the defendant was allowed to enter an intersection where signal apparatus is installed, so in such a case, the person engaged in driving a motor vehicle has a duty of care to safely enter the intersection in order to prevent the occurrence of traffic accidents in the intersection.

Nevertheless, the Defendant, by failing to fulfill such duty of care and by failing to comply with the signal, was driven by the victim D (49 years) who was left to the left in accordance with the new Cheongcheon-dong, B, which was on the old-dong side.

E-si left-hand even back part of the E-si was received as the front part of the vehicle.

Ultimately, the Defendant caused the injury to the victim D, such as salt, tensions, etc., in light of the foregoing occupational negligence, and the injury to the cab passenger victim F (the 24 years old) about five weeks of light clocks, tensions, etc., requiring the treatment of approximately three weeks of light clocks and tensions to the same G (the 31 year old). At the same time, the Defendant sustained the injury to the H (the 30 years old) of clocks and tensions requiring the treatment of approximately two weeks of light clocks and tensions, and at the same time, escaped without taking necessary measures, such as providing relief to the victims, even if the Defendant damaged the damaged vehicle to take property amounting to KRW 2,182,143 of repair costs.

Summary of Evidence

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

1. Each police statement made to D or I;

1. Each statement of G, H and F;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles, on-site photographs, and damaged vehicles;

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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