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(영문) 부산지방법원 2013.12.23 2013고단7784

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for a maximum term of one year and short term of ten months.

Reasons

Punishment of the crime

1. On April 20, 2013, the Defendant was driving a cbee or car from the “sl” in the Busan Metropolitan City transportation Daegu 1-dong without obtaining a driver’s license on April 14, 2013 to the 9-be, Blue-dong, Busan Blue-dong, Busan Metropolitan City.

2. On April 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Measures Taken after Accidents), violation of the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act, and the Defendant violated the Act on the Guarantee of Automobile Accident Compensation, without obtaining a driver’s license in front of the “fluoring on the road” located in the Sorasan-dong, Busan Metropolitan City, the said vehicle, which was not covered by mandatory insurance, was rapidly changed into the four-lanes of the said vehicle from the viewing area to the intersection, and was driven (hereinafter “the so-called “fluoring vehicle”).

The defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely change lanes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so, while driving a vehicle rapidly and driving as above, received the front part of the EKaman vehicle driven by the victim D (year 28) who is driving in the opposite lane due to the negligence that the above vehicle, which caused the rapid change of course to the left side by plucking the steering gear on the left side, is going beyond the center line, and which caused the opposite lane to proceed to the opposite lane, the front part of the EKaman vehicle driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, immediately stops the victim in order to provide approximately 10 weeks of medical treatment to the victim D, with approximately 31 years of age, for the victim FF (the 31 years of age), with approximately 6 weeks of medical treatment, and for the victim FF (the 4,393,646 won of repair cost, etc.).