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(영문) 인천지방법원 2017.03.09 2016고단8759
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (main sentence) is a person who is engaged in driving a two-wheeled motor vehicle of 49CC.

On October 26, 2016, the Defendant driven the above two-wheeled vehicle at a speed of 21 to 30km each hour according to the four-lanes from the string distance slope of the Seo-gu Incheon Seo-gu B building to the intersection of the intersection of the two-wheeled vehicle at a speed of 21 to 30km each other.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right of the road, and to drive safely according to the new code.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded with the stop signals as they are, the Defendant did not avoid the victim C (the 45 years of age) who cross the crosswalk from the right side of the Defendant to the left side according to the pedestrian signals, and did not escape the victim C (the 45 years of age) who cross the crosswalk from the right side of the above two-wheeled automobile, and had the victim go beyond the ground.

As a result, the Defendant, while suffering from the injury, such as the influence of the main body in detail that needs to be treated for about four weeks, failed to take necessary measures, such as aiding the damaged person, and escaped as it is.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall drive any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around October 26, 2016, around 22:35, the Defendant operated a two-wheeled automobile of the 49CC that was not covered by mandatory insurance at approximately 3.6 km section from the roads near the Defendant’s residence in Seo-gu Incheon Metropolitan City, to the roads in front of the Incheon Seo-gu building as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Investigation report (the suspect's mandatory insurance is not mandatory;

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