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(영문) 인천지방법원 2013.05.22 2012고단11623
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 10:40 on September 29, 2012, the Defendant driving a B Atop car without a car driver’s license on a section of about 10km from the front day of the road located on the side of the road in the Incheon Strengthening-gun, Incheon, to the road on the right side of the road located on the same side.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) is a person engaged in driving a B Atop car.

On September 29, 2012, the Defendant driven the said car without a driver's license on September 10, 2012, and driven the said car at the front of the entrance of the electric light parking lot, which is located on the side of the Incheon Reinforcement-gun, along the front side of the view distance, from the front side of the view distance to the front side of the front light parking lot.

Since there was a road where the center line is installed, the defendant engaged in the driving of motor vehicles has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle, such as driving the steering gear and brake system, operating the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected his duty of care and neglected to do so, and went ahead of the victim C(the age of 92)'s private-wheeled land, which is now, entered his own lane to avoid the vehicle directly coming from the cryptive part of the cryptive part. However, the victim's private-wheeled land part on the right side of the driver's car was taken into the right side of the passenger's car.

Ultimately, the Defendant, through such occupational negligence as above, sustained injury to the 10-day light salt, etc. in need of medical treatment, but did not immediately stop and take necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 152 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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