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(영문) 수원지방법원 2015.01.15 2014고단5388

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On December 14, 2011, the Defendant was sentenced to imprisonment with prison labor for 8 months and a fine of 1 million won in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Suwon District Court on December 14, 201 and completed the execution of the said imprisonment on February 20, 2012.

[2014 Highest 5388]

1. On September 19, 2014, the Defendant driven a vehicle CK5 vehicle without a driver’s license in the section of about 20km from the 145 km-gu, Seongbuk-si, Seongbuk-si, Sungnam-si, to the front road of the right line that is located along the border of the right line in Suwon-si, Suwon-si, from around 19:30 on the same day.

2. The defendant is a person engaged in driving the relevant car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 19, 2014, the Defendant driven the above car at around 19:30 on September 19, 2014, and moved back the front of the right line distance from the right line boundary to the household distance from the right line boundary.

Since there is a place where a crosswalk is installed immediately after the right of way, there was a duty of care to sufficiently consider whether a person engaged in driving service is a person who passes the crosswalk by reducing the speed and looking at the right of the front and right of the road.

Nevertheless, the Defendant neglected this and did not sufficiently examine whether there is a person passing the crosswalk, and by negligence bypassing the crosswalk, the Defendant was driving a bicycle for the victim D (29 years old) who passed the crosswalk pursuant to the victim's signals, and was driving the bicycle on the right side of the above vehicle for the Defendant's driving.

The Defendant got away without taking necessary measures even though he suffered injuries, such as duplic cages, including two lupages at the left-hand side, which require approximately five weeks of treatment due to such occupational negligence.

[2014 Highest 6328 (Seoul Northern District Court 2014 Highest 604)] Defendant’s business of driving EK5 cars.