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(영문) 울산지방법원 2014.04.25 2014고단96

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Unlicensed Driving) are those who are engaged in the operation of CM5 automobiles.

On June 19, 2013, the Defendant did not obtain a driver's license at around 23:15 on June 19, 2013, and turned ahead of the Seogsan-dong 1404-8 Western-dong, Ulsan-dong, into the bank of the Dong Dong Residents' Center at the shooting distance of the Ulsan-Gun Office.

At night, the road width is narrow at night. In this case, there was a duty of care to check whether a person engaged in driving duty is another vehicle driving in the opposite part and to keep the lane well.

Nevertheless, the Defendant neglected the above duty and neglected the back-line of the Estststy taxi driven by the victim D (the aged 45) who was stopped in order to turn back the back-side road to the shooting distance slope of the Ulsan District Court from the jurisdiction of the Rodong Community Service Center to the right-hand edge of the Estyna taxi, which was driven by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained fluoral finites, etc. in need of treatment for the victim for about two weeks, and went away without taking necessary measures, such as stopping the said taxi immediately and providing relief to the victim, even though the said taxi was damaged by the repair cost of KRW 381,950.

B. On June 20, 2013, the Defendant: (a) asked the police station to make a statement to the effect that, as described in the above paragraph (a), the Defendant was driving a motor vehicle without a driver’s license, and the Defendant was driving a motor vehicle on the cell phone B of June 2013 in order to conceal the fact that he/she caused a traffic accident while driving a motor vehicle without a driver’s license; and (b) requested the driver to make a statement to the police station.

B Upon receipt of this Request, at the traffic survey system of the Ulsan-Namnam Police Station around June 20, 2013 25, Ulsan-ro 35, Ulsan-do around 16:00.