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(영문) 서울남부지방법원 2014.09.12 2014고단2603

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person engaging in driving a rocketing car.

On May 10, 2014, the Defendant driven the said car without a driver’s license on May 10, 2014, and proceeded at a speed of 30 km per hour, depending on two-lanes in the direction of the home-pluging direction from the home-pluging side of Yangcheon-gu Seoul.

At the same time, there are three laness in the front side and three lanes in the five-lanes are left-hand lines and two straight lines are two straight lines, so in such a case, there was a duty of care to safely drive the vehicle with the driver's duty of care to take into account the surrounding conditions and to safely drive the vehicle.

Nevertheless, the Defendant neglected this and received the front portion of the Defendant’s vehicle, which was driven by the victim C(30 years of age) who was driving at the same three-lane in the same direction by negligence on the left left-hand turn.

Ultimately, even if the Defendant suffered from an injury, such as the catitis that requires two weeks’ treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the said vehicle without a driver’s license at a section of about 10 km from the front side of the Orari Elementary School located in the Oracheon-si, Gangseo-gu, Seoul, to the front side of the Taecheon-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and choice of imprisonment with prison labor as to the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;