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(영문) 인천지방법원부천지원 2020.09.23 2020고단1356
특정범죄가중처벌등에관한법률위반(도주치상)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 driving a Bchip car.

At around 05:30 on March 12, 2020, the Defendant, via the roads in front of the Bupyeong-gu Incheon, Seocheon-ro 625, Seocheon-ro, Seocheon-gu, Seocheon-gu, Incheon, with no driver's license from approximately 10km section from the roads in front of the city apartment to the roads in front of the same city apartment, driving the said car without obtaining a driver's license from the 10km section, and making the roads in front of the above side gymnasium turn to the west speed from the Kimpo-do.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left without obtaining a driver's license, and neglected to turn to the yellow light as it is, in violation of the signal to the yellow light from the opposite direction, and went to the Kimpo in the front part of the victim D(38 years old) drive EPoter II of the cargo vehicle in front of the Epoter II, which was in the opposite direction, brought about an injury to the victim, such as clocks, tensions, and tensions for about two weeks of medical treatment. At the same time, the Defendant stopped the above cargo without taking necessary measures, such as providing relief to the victim, even though it damages the cargo amounting to 5,647,684 won for repair costs, and went to the scene.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a written diagnosis of a police interrogation protocol of the accused on the legal statement D, a traffic accident inspection report, a driver's license register, and a vehicle estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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