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(영문) 인천지방법원 2017.11.15 2017고단7021
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 two 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 the B-learning passenger car.

On August 10, 2017, the Defendant driven the said car without obtaining a driver's license of the said car at around 04:10, and driven the road of four-lanes in front of the stadium at the seat of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, along the one-lane distance from the gatea Sta Staak Sta Sta Sta Sta Staak.

At the time, night and rained, and there was a place where the center line of yellow solid lines is installed, so in such a case, there was a duty of care to safely drive a motor vehicle for a person who is engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and went beyond the median line to the field of literature C (26 tax) driving from the distance of the street to the stadium by negligence of driving over the median line, and received the side of the driving seat of the D M& car from the direction of the driver’s seat of the fing car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as an open standing room, etc. in the part of the detailed uncertainty of the mouth, which requires approximately three weeks of medical treatment, and at the same time, escaped without taking measures such as cutting off the said marina car to the extent of scrapping it, and immediately stopping the victim, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after destruction of goods), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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