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(영문) 인천지방법원 부천지원 2019.10.23 2019고단1719
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury) is a person who is engaged in driving service with 124cc GTS125 Orala without a license plate.

On March 17, 2019, the Defendant, without obtaining a motor device license on March 17, 2019, driven the above part-to-face and driven the front side road of the B apartment in Bupyeong-si with C at a speed of about 20 km as the speed of speed from the front side to C at a speed of about 10 km.

Since the place is a residential area where pedestrians pass through, in such a case, a person engaged in driving service has a duty of care to ensure the safety of course by checking well the front left, and to prevent traffic accidents by driving slowly or driving along at a sufficient distance with pedestrians.

Nevertheless, the defendant did not discover the victim D (the age of 53) who walked on the left side of the road due to the negligence of neglecting this, and did not discover the victim D (the age of 53) who walked on the left side of the road.

Ultimately, even though the Defendant’s occupational negligence caused the injury to the victim, such as saves and saves in need of treatment for about three weeks, the Defendant escaped without taking necessary measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a license for temporary warning as set forth in paragraph (1) of this Article, driving the above 200 m3 from the front of the building in the city of Busan to the front of the G road located in the Bupyeong-si in the Bupyeong City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A H statement;

1. A report on the occurrence of a traffic accident, a report on actual condition of the investigation, a report on internal investigation, a photograph of images of an accident, a report on internal investigation (a CCTV image, a escape route), and a escape photograph;

1. A copy of the register of driver's licenses and the certificate of automobile transfer; and

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