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(영문) 인천지방법원 2015.08.26 2015고단3788
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B in driving a motor vehicle.

On April 22, 2015, the Defendant did not obtain a driver's license on April 22, 2015, and driving the said car, which led to a three-lane road in front of Incheon Seo-gu Incheon Metropolitan City, to drive the three-lane road from the surface of the airspace distance to a two-lane.

At the time, the above location was long distance, and thus, the defendant engaged in driving a car has a duty of care to ensure that the defendant is obliged to keep the safety distance with the front side vehicle and proceed in accordance with the new subparagraph and prevent the accident in advance.

Nevertheless, the Defendant neglected to stop the Victim D(30 years of age) E-car driving at the front side, and had been witnessed and immediately operated due to the negligence of rapid operation, and received the part concerning the fronter of the Defendant’s vehicle.

As a result, the Defendant, by negligence in the course of performing his duties, sustained salt, tensions, etc. in need of treatment for about two weeks, and at the same time, destroyed the damaged vehicle to have an amount equivalent to KRW 2,636,298, but escaped without immediately stopping the vehicle and taking measures such as aiding the victim.

2. Around April 22, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and operated a B-A4 car without a driver’s license for a vehicle from the front side of the Yuan apartment apartment in Seocheon-dong, Seocheon-gu, Incheon, Seocheon-gu to the front side of the Yuan elementary school located in Seocheon-gu, Incheon, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Death or injury caused by occupational negligence under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime.

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