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(영문) 춘천지방법원 영월지원 2013.09.13 2012고단563

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

On January 11, 2012, at around 17:50, the Defendant, without obtaining a driver's license, driven a car with gallon in a section of about 1 km from the front side of a pharmacy located in the front side of the Jinwon-ri, the central branch located in the Jinwon-ri, to the front side of the Jinwon-ri located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. The first police interrogation protocol against the accused;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The portion not guilty under Article 62 (1) of the Criminal Act (the fact that the defendant has a previous record of a fine on three occasions due to driving without a license shall be considered to be disadvantageous to the defendant, or the fact that the defendant commits a mistake against the defendant, and the age and health conditions, etc.

1. The Defendant is a person engaged in driving a gallon driver car.

On January 11, 2012, at around 17:50, the Defendant had a duty of care to prevent accidents in advance by driving a car in front of the Skelcom located in the Jgalle-gun of Gangwon-gu, the Jalle-gu, the Jalle-gu, the Jalle-gu, in a situation where the surrounding areas are set up at the time, and the victim D (n, 69 years old) was getting on a bicycle in the opposite part, and thus, a person engaged in driving service has a duty of care to prevent accidents in advance by making a thorough and at a reduced speed.

Nevertheless, the Defendant neglected to do so and neglected to obtain a driver’s license as above, and neglected to stop immediately and take necessary measures without stopping, while having the victim suffered bodily injury, such as a 8 chest strokele, which requires approximately 12 weeks of treatment, by taking the front and rear wheels part of the bicycle on the right side of the said gallon driver’s car, which was on the right side of the said gallon’s car.