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(영문) 인천지방법원 2016.02.24 2015고단6611
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

[criminal history] On September 24, 2015, the Defendant was sentenced to five months of imprisonment and one year of suspended execution due to a violation of road traffic law (unlicensed driving) at the Incheon District Court on September 24, 2015, and the said judgment became final and conclusive on October 2, 2015.

[Criminal facts]

1. The defendant is a person who is engaged in driving a motor vehicle by stopping C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii).

On July 12, 2015, the Defendant driven the said car without obtaining a driver's license from around 22:05, and driven the said car at a speed that would not be known to the nearest north Square in the direction of the road of the first two lanes in front of the new solar apartment 2, a 323-lane in the south-gu Incheon Metropolitan City, Nam-gu, Incheon, along the direction of the first two lanes in front of the new solar apartment 323-lane.

At that time, there was a center line of yellow solid lines, so in such a case, the driver of the vehicle had a duty of care to safely drive the vehicle along the car line and prevent the traffic accident by safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the E-learning Motor Vehicle of the Victim D (26 tax) which was stopped for the waiting of the signal at the front of the Defendant’s vehicle due to his occupational negligence, and received the back part of the Victim’s Motor Vehicle as the front part of the Defendant’s Motor Vehicle.

After all, the Defendant, by the above occupational negligence, sustained injury to the victim F, who was on board the said D and the damaged passenger car (at the age of 25), by causing approximately two weeks of medical treatment, and at the same time, escaped without taking measures such as aiding the damaged person by stopping the vehicle on the job despite the damage of the damaged passenger car to the repair cost.

2. The defendant for violating the Traffic Act (unlicensed driving) shall driver's license for motor vehicles at the same time and place;

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