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(영문) 인천지방법원 2013.10.07 2013고단5232
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

The Defendant is a person who is engaged in driving a straw freight vehicle B.

On January 20, 2013, at around 10:55, the Defendant, even though the driver's license was suspended on front of the garden-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, the Defendant was driving the above cargo vehicle, which was not covered by mandatory insurance, to turn to the left at the right-hand distance from the front side of the Mannnnel EL.

Since there is a center line of yellow-ray, the defendant engaged in driving of the motor vehicle had a duty of care to prevent accidents by driving the motor vehicle safely according to the traffic classification.

Nevertheless, the Defendant neglected this and received the left-hand turn of the car driving by the victim C(the age of 41) who was driven by the victim C(the age of 41) on the right-hand side of the car that was driven by the front-hand turn.

As a result, the Defendant suffered injury to the victim, such as light dump, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant did not stop immediately, stop, and escape without taking necessary measures, such as aiding the victim, to the extent that the repair cost, such as pentum exchange, exceeds 1,245,384 won, such as repair cost, such as pentum exchange, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the ledger of mandatory insurance and driver's license;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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