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(영문) 인천지방법원 2015.08.26 2014고단7922 (1)
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[criminal record] On October 12, 2012, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year for special larceny, etc. at the Incheon District Court and ten months for a short term, and completed the execution of the above punishment on June 9, 2013.

【Criminal Facts】

1. The Defendant is a person engaging in driving a BMW car.

On July 14, 2014, the Defendant driven the said car without a driver’s license on July 17:45, 2014, and led the 971 Twit Home Sticking Distance, as the Southern-gu Incheon Metropolitan City Gyeong-gu Gyeongwon, to proceed from the west-gu Gyeong-gu.

At that time, since there was a section of intersection with a large traffic volume, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the right and the right before and after the issuance of a legitimate driver license.

Nevertheless, the Defendant, without a driver's license, changed the vehicle line to a two-lane due to occupational negligence while changing the vehicle line from a three-lane to a two-lane without a driver's license, the part of the victim C(56 years old)'s right side side of the DaK5 taxi driving in the front side of the Defendant's vehicle, which was driven by the two-lane from the front side of the Defendant's vehicle.

As a result, the Defendant was guilty on the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, since the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) are also included in the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Act on Special Cases Concerning the Settlement of Traffic Accidents"), the Defendant

At the same time, the above taxi was damaged in a way that the amount equivalent to KRW 1,227,917, such as repair fees even after the back.

2. The Defendant did not immediately stop and take necessary measures after the accident while destroying the taxi equivalent to KRW 1,227,917 due to the foregoing occupational negligence at the above time and place.

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