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(영문) 인천지방법원 2013.07.10 2013고단1764
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 the duties of driving Cone Star Co., Ltd.

On February 5, 2013, the Defendant, without obtaining a driver’s license at around 00:20 on February 5, 2013, driven the said van and moved the 43 Bupyeong-ro vice-high school distance from the entrance of Bupyeong-gu Incheon Bupyeong-gu to the outflow of the North Mancheon Broadcasting Station at the entrance of Bupyeong-gu, Incheon. However, due to the negligence that failed to properly operate the steering direction and brake devices, the part of the Defendant’s left front-down part of the victim D(48 years old) rocketing taxi driving from the bank of the North Mancheon-gu Broadcasting Station to the area of the front-hand part of the Defendant’s vehicle.

At the same time, the Defendant, by its occupational negligence, suffered salt, tensions, etc. in need of approximately two weeks of medical treatment to the above D, and, at the same time, did not immediately stop the above taxi so that it can amount to KRW 620,550 of the repairing cost to KRW 620,550, and escaped without taking necessary measures, such as aiding the victim.

At around 00:25 on the same day, the Defendant continued to be on the road, due to the negligence of failing to properly operate the steering and steering devices on the road in front of the same 433 House, and received the part of the Defendant’s boarding of the G salary class freight truck owned by the Victim F (Age 47) who was parked on the road.

The Defendant, by occupational negligence, destroyed the above cargo vehicle to be in excess of 184,180 won, but did not immediately stop and take necessary measures, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. F’s statement on the occurrence of traffic accidents;

1. Application of the statutes on the register of driver's licenses;

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, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of unauthorized Driving).

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