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(영문) 서울서부지방법원 2016.06.14 2016고단163

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 13, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., a escape vehicle) driving as his/her business around 05:35, BDSS100 Orala, and led two lanes in front of the two lanes of the 29-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to proceed in the direction of a triangulation region in the direction of the green line.

In such a case, the driver of the motor vehicle has a duty of care to reduce the speed and properly operate the steering gear and brakes so that the driver of the motor vehicle can well see the right and the right and the right and the right and the right and the right and the right and the safe operation of the steering gear and the brakes to prevent accidents in advance.

Nevertheless, the Defendant neglected this and went beyond the speed to the port by negligence, and went away without taking necessary measures, such as providing relief to the victim, even though the victim C, who was on the back of the above stoke, was faced with the road on the front side of the road, and suffered bodily injury, such as inside and stokeing the victim for about six weeks of medical treatment.

2. Violation of the Road Traffic Act (Non-licenseless Driving) was driven by the Defendant from a club near the river basin of Yongsan-gu Seoul Metropolitan City, Yongsan-gu to the front day of the store No. 29 km-ro, Yongsan-gu, Seoul, without obtaining a motor device bicycle license from the above 1.5 km-ro, Yongsan-gu, Seoul.

Summary of Evidence

1. The defendant's partial statement in court (the remainder of the facts charged except for the intention of escape);

1. The legal statement of the witness C;

1. A protocol concerning the examination of the suspect of the accused;

1. Each police statement made with respect to C and D;

1. A medical certificate or a copy of medical records;

1. Application of Acts and subordinate statutes to photographs of trauma victims;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Article 154 subparag. 2 and Article 154 of the Road Traffic Act.