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(영문) 의정부지방법원 고양지원 2015.07.16 2015고단1203

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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 is engaged in driving a motor vehicle B.

On April 23, 2015, the Defendant, without obtaining the driver’s license on April 23, 2015, driven the said car, and led the Defendant to drive the said car along the four-lanes of five-lanes by driving the 181-lane Scam-gu, Yongsan-gu, U.S., Sinyang-si, the 181-lane Scam Scam-si, Sinyang-do, toward the direction of Kkkkex at the port.

Since the front door is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the front door and the left and right.

Nevertheless, the defendant neglected this and went through the intersection from the right side of the defendant's running direction to the left side of the road to the intersection in accordance with the new line, and received the part of the victim C(Y, 37 years old) driver's d's d'burbur in front of the driver's d's vehicle, which passed the intersection from the right side of the defendant's running direction to the left side of the road.

Ultimately, the Defendant, by occupational negligence, suffered from the injury of the above victim, such as a situation where approximately three weeks of medical treatment is needed, and at the same time, escaped without immediately stopping the said vehicle and taking necessary measures, such as providing relief to the victim, even though it damages the said vehicle to the extent of KRW 1,206,643 of its repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The driver's license ledger;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photograph an accident vehicle, photograph of a damaged vehicle, photographor image of a damaged vehicle;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. It is decided in Articles 40 and 50 of the Criminal Code.