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(영문) 인천지방법원 2019.05.08 2019고단1
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On October 16, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the enforcement of the sentence at the Seoul Detention Center on March 14, 2014. On April 4, 2018, the Incheon District Court sentenced eight months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court, and the said judgment became final and conclusive on April 12, 2018.

【Criminal Facts】

The Defendant is a person engaged in driving a rocketing car.

On August 19, 2016, the Defendant operated two lanes on the four-lanes of the border road in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, without obtaining a driver's license on August 19, 2016.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as accurately manipulating the steering gear and brakes while driving a DK3 car driven by the victim C(30 years of age) prior to the same direction. Therefore, the Defendant had a duty of care to prevent accidents prior to the driving of a motor vehicle.

Nevertheless, the defendant neglected this and changed the two lanes from the two lanes to the three lanes, and again entered the two lanes, and received the above part of the right side of the K3 car driving by the defendant as the left side of the said K3 car.

As a result, the Defendant suffered injury to the victim, such as catum salt in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as aiding the victim, even though the said K3 car was damaged to the degree of repairing cost 2,853,981 won.

Summary of Evidence

1. Statement by the defendant in court;

1. C's statement on the occurrence of traffic accidents;

1. A survey report on actual condition, field photographs, etc.;

1. A written diagnosis and written estimate;

1. Details of cancellation disposition and the register of driver's licenses while driving;

1. Previouss before judgment: Criminal records, references to criminal records, and criminal investigation reports, and crimes committed by the suspect;

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