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(영문) 서울중앙지방법원 2013.06.14 2013고단1991

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who drives a vehicle BM5 on duty.

On March 17, 2013, the Defendant driving the said car without obtaining a driver's license on March 17, 2013, and driving it on the road of four lanes in front of the urban gas in front of Gangnam-gu Seoul Metropolitan City, Gangnam-gu, Seoul, at a speed of about 50km from the intersection to the intersection of the intersection.

At the time of night, there was no good view in the front of the defendant's proceeding, and the victim C (n'e, 29 years old) was driving in front of the defendant's proceeding, so in such a case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to safely operate the system by accurately operating it.

Nevertheless, the Defendant neglected this and neglected his duty to drive a vehicle without a driver's license, and neglected his duty to stop on the front, and caused the Defendant to shock the part of the front part of the MF5 car operated by the Defendant.

After all, the Defendant, by such occupational negligence, sustained injury to the victim E (the 27-year old-age) who was on board the above-learning car, such as salt ties and tensions that require approximately two-day medical treatment. At the same time, the Defendant destroyed the victim C’s above-learning car to be repaired by KRW 676,783, and escaped without taking necessary measures, such as providing relief to the victim by immediately stopping the car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of the occurrence of E traffic accident;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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