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(영문) 부산지방법원 2013.05.22 2012고단8943

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2012 Highest 8943"

1. On April 2, 2012, the Defendant, without obtaining a driver’s license on April 17:08, 2012, operated the Do 1st-line road in front of the entrance of the Busan Northern Complex 2 Complex from the narrow apartment room to the C2nd-face surface, and neglected to turn to the left, due to occupational negligence, taken the FST5 front-way driver’s vehicle driven by the victim E (37 years old) who was temporarily stopped on the roads in front of the C2 complex at that time, and got the victim back the said Do 5-way driver’s vehicle back to the above Do 37 years of age. At the same time, the Defendant, at the same time, did not stop the said Do 5-car with the repair cost, such as exchanging the Do 19,350 won, and did not immediately stop it.

2. The Defendant operated the said low-est car at the same time and at the same place as the foregoing 1. Paragraph (1).

"2012 Highest 10635"

3. On September 20, 2012, the Defendant driven a D-car without obtaining a driver’s license from the Commissioner of the Local Police Agency at a section of about 200 meters from the front of the deaf-gu Seoul Special Metropolitan City Police Agency to the roads located in the same Dong in the vicinity of the VIP K-dong, Busan Special Metropolitan City.

4. The Defendant violated the Guarantee of Automobile Accident Compensation Act, operated the said automobile which was not covered by mandatory insurance at the same time and at the same place as the above 3. Paragraph (3).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A traffic accident report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Article 152 of the former Guarantee of Automobile Accident Compensation (amended by Act No. 11369, Feb. 22, 2012).