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(영문) 인천지방법원 부천지원 2019.08.22 2019고단1621
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are operated by the Defendant, who is engaged in driving of Branchising low-income motor vehicles, and the Defendant is driving two-lanes of the four-lane roads in front of Seocheon-si, Seoul at around 03:25 April 28, 2019.

In the middle of the eromatic scarcity, it was made bypass.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely change the lane by taking into account the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected this and neglected the part adjacent to the left-hand side of the victim D(60 years of age) driving, which was a three-lane in the same room, where the Defendant was in the right-hand side of the taxi.

The Defendant caused injury to the victim, such as salt, tensions, etc. in need of medical treatment for about 14 days due to occupational negligence as above, and at the same time, the Defendant escaped without taking measures, such as aiding the victim, even though the repair cost, such as the exchange of the moer, destroyed the damaged vehicle to reach approximately KRW 2,344,252.

2. Violation of the Road Traffic Act (Free Driver’s License) driving a B-low-income vehicle without obtaining a driver’s license on the road in about 2 km section from the front of the F-si in a temporary border to the front of the H High School in G in the same city from the front of the H High School located in G at the same time.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, operated the said automobile on the road, which was not covered by mandatory insurance at the time and place specified in paragraph (2) as a holder of Branchis.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or I;

1. The actual condition survey report;

1. Mandatory insurance policy;

1. Inquiry into driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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