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(영문) 부산지방법원 2014.06.23 2014고단1989

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant is a person who is engaged in driving a spectrum vehicle B.

1. On February 26, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act: (a) drive the said vehicle without a driver’s license; (b) around 07:35 on February 26, 201, from the Defendant’s house located in Mayang-si C to the front of the reduction area located in Mayang-dong, Busan at around 07:35 on February 27, 2014.

2. Around February 27, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.A.) (A.) (A.D.) driving the said vehicle without a driver’s license, and driving the said vehicle in front of the said reduction district on the front of the said reduction district with a reduction m

Since there are crosswalks where signal lights are installed, the person engaged in driving service has a duty of care to drive the signal in compliance with the signal.

Nevertheless, the Defendant violated the signal and received the bicycle side of the victim D (the age of 49) who crosses the crosswalk on the front side of the vehicle in front of the above Defendant’s operation.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as plesphere, sphere, and sphere, requiring treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping, even though the repair cost of the above bicycle is damaged to the extent that it would be equivalent to 38,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on a traffic accident, report on the occurrence of a traffic accident, bicycle photographing, mandatory insurance, and the register of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act.