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(영문) 서울중앙지방법원 2019.09.20 2019고단4340
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act: (a) around 09:25, the Defendant operated a two-wheeled automobile with an engine displacement of 278cc GTS300 owned by himself, without a Class 2 small license, for about 4 km section to the front road of the Cridge in front of the Dongjak-gu Seoul Metropolitan Government, via the roads in front of the Dongjak-gu Seoul Metropolitan Government D, without a Class 2 small license.

2. On May 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) committed negligence by driving a two-wheeled vehicle under the preceding paragraph without a Class 2 small license on May 18, 2019, and driving a two-wheeled vehicle, driving a two-wheeled vehicle in front of Dongjak-gu Seoul Metropolitan Government, driving a two-wheeled road from Egypt to a F apartment protection area, driving the road from Egypte to Egypte, and neglecting the steering gear and brake at a large place while entering the road, and neglecting the steering gear and brake at the front part of the two-wheeled vehicle of the Defendant and the knee of the victim G (V, 40)

The Defendant, by such negligence, proposed that the victim needs to be treated for about three weeks, and sustained injuries such as salt, tension, etc. in the detailed obscure part, and escaped without immediately stopping the victim and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G;

1. Reports on traffic accidents, on-site photographs;

1. The register of driver's licenses, and over-to-land photographs;

1. Diagnosis certificates and photographs of damaged parts of the victim;

1. Application of CCTV Acts and subordinate statutes to village buses;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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