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(영문) 인천지방법원 2018.12.19 2018고단8156
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 29, 2018, the Defendant, who is engaged in driving of freight cars B, was driving the front road of Incheon Reinforcement-gun, without a vehicle driver's license on September 29, 2018, on the surface of the road, from the surface of the road to the surface of the ethical outflow on the map.

The defendant was negligent in driving the above cargo without a driver's license, which affected the center line of the yellow real line, and the part above the left-hand side of the victim D(68 Do)'s D(68 Do) driving, which was placed in the opposite part of the defendant's moving direction, was placed in front of the left-hand side of the cargo vehicle of the defendant, and continued to receive the front-hand side of the cargo vehicle of the victim F(35 Do) driving.

As a result, the Defendant inflicted an injury on the victim D, such as salt, tensions, etc. requiring approximately two weeks of medical treatment, and the victim H (V, 66 years of age) who was on the said victim D, suffered an injury, such as clocks and tensions requiring approximately two weeks of medical treatment, and at the same time, damaged the said A-Wn-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing a vehicle to be damaged by KRW 3,074,04,00 of the repair cost, and escaped without immediately stopping the said vehicle and without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. The driver's license ledger;

1. Each written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after an accident), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for the mitigation of small amount;

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