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(영문) 광주지방법원 2018.09.20 2018고단2280

특정범죄가중처벌등에관한법률위반(도주차량)등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 23, 2017, the Defendant: (a) opened a driver’s seat room located in the Namwon-si, Namwon-si, Namwon-si, the Namwon-si, the area of which was parked in the area, which is not corrected in the amount of the Dspoon car owned by the victim C; and (b) opened a smart city server, and cut off the vehicle by driving the vehicle after cutting off the smart city server.

2. On December 24, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driven a Dospo-type car as stipulated in paragraph (1) without obtaining a driver’s license in the section of about 50 km from the area near the southwest-si, the southwest-west Highway, the 51km, and the area adjacent to the IC, both of which are south Gisung-gun, the southwest-si, the 71m intersection, the southwest-si, the southwest-si, the west-si, and the IC.

3. The Defendant is a person who is engaged in driving of a motor vehicle in a DNA sprink, which stolen as set forth in paragraph (1), as against the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii).

On December 24, 2017, the Defendant, at around 12:10, proceeded with a road near 71.5 km in Seoul, at around 71.5 km, from Seoul, along the two-lanes between the four-lanes.

At the same time, the driver's vehicle of the victim E(50) is frequently running, and the driver's vehicle of the victim E(50) was under way.

In such cases, a driver of a motor vehicle has a duty of care to change the course when it is likely to impede normal traffic of other motor vehicles running along the lane that intends to change course, and there was a duty of care to give prior notice of change of course and to change the vehicle line by properly examining the traffic situation at the right and right of the front and rear.

Nevertheless, the defendant neglected this and did not work in the direction direction, etc. while changing the lane from the two lanes to the one lane, and the victim is driving the vehicle while driving the one lane.