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(영문) 인천지방법원 2017.10.25 2017고단5584
특정범죄가중처벌등에관한법률위반(도주치상)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 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 (or the injury) and a violation of the Road Traffic Act (or the measures that were not taken after an accident) were committed by the Defendant on April 29, 2017 by driving C non-Stop vehicles around 18:42 on April 29, 2017, in order to go out of the Incheon Southern-gu D and Eelbel frame.

Since this is an alley where the traffic of ordinary vehicles is high, a person engaged in driving service has a duty to prevent accidents by keeping the front door and the left and right well.

Nevertheless, due to the negligence of neglecting this, the Defendant, which led to the sudden progress of the said Bluto vehicle, was shocked with the front part of the GM5 vehicle owned by the victim F in front of the left part of the GM5 vehicle.

Ultimately, the Defendant, due to such negligence, caused the victim to suffer salt, diversity, and dystyposis in need of treatment for about ten (10) days, and at the same time, destroyed the above SM5 vehicle owned by the victim to be in excess of KRW 2,443,672, and escaped without taking any relief measures, such as rescue of the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a C non-stop vehicle without obtaining a driver’s license from the date, time, and place specified in paragraph 1 from the date on which it was not possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on field photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Article 148 of the Road Traffic Act (the point of non-measures after damage) and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Act") and the violation of the Road Traffic Act (the measures not taken after the accident) are more severe.

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