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(영문) 춘천지방법원 원주지원 2013.04.17 2013고단62

특정범죄가중처벌등에관한법률위반(도주차량)등

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

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

1. Around 06:30 on December 28, 2012, the Defendant was driving a B knife vehicle without obtaining a driver’s license in a section of about 170 km from the 170 km to the road near the Gyeong-si, Seo-si, Seoul Special Metropolitan City.

2. The defendant is a person engaged in the driving of B knife vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On December 28, 2012, around 06:30 on December 28, 2012, the Defendant proceeded with the roads near the Jinongdong High School in the main prison.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side and the left and right.

Nevertheless, the Defendant neglected this and proceeded on the front part of the D urban bus driven by the victim C(54 years of age) who stops in the signal waiting at the front of the front line by negligence.

The Defendant, by such occupational negligence, sustained injury to the injured party C and the injured party E (V, 51 years old), who is the passengers of the above city bus, respectively, for about two weeks of medical treatment, and at the same time, did not immediately stop the above city bus and take necessary measures, such as providing relief to the injured party, even though it destroyed to a considerable amount of KRW 2,039,975 for repair expenses, and went away without leaving the above bus alone on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of traffic accident-related person;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of each photograph, each written diagnosis, and written estimate;

1. Article 152 subparagraph 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 43 of the Road Traffic Act as to the crime, and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes