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(영문) 서울남부지방법원 2014.01.10 2013고단824

특정범죄가중처벌등에관한법률위반(도주차량)등

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

except that 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

On December 26, 2013, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Incheon District Court, and the said judgment became final and conclusive around that time.

The defendant is engaged in driving a third party car.

On October 26, 2012, the Defendant driven the said car without a driver’s license on October 14:15, 2012, and changed the two-lanes of the two-lane road in Yangpung-dong, Yeongdeungpo-gu Seoul Metropolitan Government, to a two-lane line while driving from the intersection to the intersection of wood.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to prevent accidents in advance by changing the vehicle line safely as a person engaged in driving of a motor vehicle takes into account the traffic conditions of the front left.

Nevertheless, due to the occupational negligence of the defendant's failure to neglect it, the defendant received the back portion of the victim D (the 46-year-old driver's license)'s upper right side of the victim D (the 46-year-old driver's license), which is proceeding one lane on the front side of the defendant's vehicle, and continued to be side of the defendant's vehicle.

At the same time, the Defendant suffered salt, tensions, etc. from the bones of necks requiring medical treatment for about two weeks due to occupational negligence as above, and at the same time escaped without any necessary measures, such as providing relief to the victim and confirming the degree of damage, even though each damaged vehicle is destroyed by the repair cost of KRW 2,39,188, which is the damaged vehicle, and without any necessary measures, such as providing relief to the victim and checking the degree of damage.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accidents, the register of driver's licenses of motor vehicles;

1. A written diagnosis and written estimate;

1. Previous records: The defendant's legal statement and application of Acts and subordinate statutes;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.