beta
(영문) 의정부지방법원 2016.10.14 2016고단1395

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 01:10 on December 4, 2015, the Defendant was driving a levir vehicle without obtaining a driver’s license from the front day of the company located in the Pyeongtaek-dong in the Namyang-si, Namyang-si, to the 3.8km road at the 218-54 km-ro of the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving service of Car Arade Car.

On December 4, 2015, the Defendant driven the said car without a license, as set forth in Paragraph 1, around 01:10, and proceeded at a speed of about 140 km from the Seoul to the parallel parallel at a speed of 218-54 km on the road between the chief Hop-pung-pung-pung-pung, which is 218-54, southyang-do.

Since the restriction speed is a section of 80km per hour, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should observe the restriction speed and safely drive the motor vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected this while driving at a speed exceeding 20 km a speed of 20 km or more per hour, and changed the two lanes from the front line to one lane in the front line, and the back part of the victim D(the age of 44) driven by the victim D(the age of 5) of the E K5-si was driven by the Defendant as the front line part of the vehicle of the Defendant.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim F (F) who is the victim D and cab passenger by approximately two weeks of age, such as satis, tensions, etc. in need of medical treatment. At the same time, even though the Defendant damaged the amount of approximately KRW 1,459,896 of taxi repair costs, she immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

3. When a traffic accident, such as the date, time, place, and paragraph 2, occurs, the Defendant would be subject to criminal punishment due to driving without a license.