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(영문) 인천지방법원 2015.08.12 2015고단3240
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On May 11, 2015, the Defendant, without obtaining a driver's license at around 23:20 on May 11, 2015, driving the said car, led to the driving of the said car in order to drive the front of the Songdo-dong apartment in Yeonsu-gu Incheon, Incheon, to the two intersections on the side of the Korea Coast Safety Headquarters, in the speed of five lanes between five lanes.

At the same time, vehicles have stopped at the front of the vehicle, so in such a case, the defendant engaged in driving of the vehicle has a duty of care to properly see the front left and to prevent the accident by accurately operating and safely driving the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected this and she was driven by the E K5-si, which was driven by D (the age of 49) due to the negligence of drinking while driving the drinking at the bend, and received a driver by the Defendant in front of the car of the Defendant.

The Defendant, by its occupational negligence, left the victim F (V, 53 years old), who was a passenger at the back seat of the said taxi, and escaped without taking measures such as providing rescue to the victims, even though he/she suffered approximately two weeks of injury to the left-hand shoulder and the arms at the above arms, which require treatment for about two weeks, and the victim G (V, 51 years old) suffered an injury to the chill and tension.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. G statements;

1. Application of Acts and subordinate statutes to each written diagnosis and driving license register;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Article 53 of the Criminal Act for discretionary mitigation

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