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(영문) 인천지방법원 2016.08.10 2016고단1015
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for a crime of violating the Road Traffic Act at the Incheon District Court on August 14, 2014, and the above judgment became final and conclusive on the 22th of the same month, and is currently under suspended execution.

[2] On October 17, 2015, the Defendant: (a) was a person engaged in driving a B SP car; (b) operated the said car without obtaining a driver’s license on October 17, 2015; and (c) led the Defendant to drive the said car in front of the sand village distance 818, Nam-gu, Incheon, Nam-gu, Nam-gu, Incheon, bypassing it to a full-time flood slope from the long-distance shooting range; (c) in such a case, the Defendant was obliged to pay a duty of care to prevent the accident in advance by driving the car in a safe manner.

Nevertheless, the Defendant neglected this and stopped the victim C (73 Do) who was parked in order to make a right-hand by moving ahead of it in the same direction, and was driven by the victim C (73 Do). The Defendant got the front part of the Defendant’s vehicle’s vehicle back to the front part.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as finite finites, which requires approximately two weeks of medical treatment. Although the Defendant destroyed the finite finite finite finites to take repair costs equivalent to KRW 1,786,138 on the part of the victim, the Defendant left the finite finites without immediately stopping the finite finites

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The register of actual survey reports, DNA photographs, and driver's licenses for motor vehicles;

1. A written diagnosis and written estimate;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (a confirmation of the period of suspension of execution and attachment of the same criminal record and other similar judgments);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury from duty) as to the crime, Article 148 of the Road Traffic Act.

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