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(영문) 서울서부지방법원 2014.01.28 2013고단3139
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in driving of CAF car. The Defendant is a person driving CAF car.

On March 30, 2013, at around 01:36, the Defendant driven the said C Ecoos car without a driver's license. On March 30, 2013, the Defendant driven the said C Ecoos car at a speed of about 30 km per hour depending on two lanes between the 3-lanes from the front and front of the exit of Eunpyeong-gu Seoul Metropolitan Government on a two-lanes.

The Defendant had a duty of care to ensure safety distance to avoid when he stops, as the Defendant was followed by the victim D(54 years old) rocketing taxi in the same direction at the time. Thus, the Defendant had a duty of care to ensure safety distance to avoid when he was engaged in driving service.

Nevertheless, the Defendant neglected this and failed to stop the above rocketing taxi due to the negligence of driving nearby the taxi, and received the back part of the above taxi with the front part of the Ecuas car.

The Defendant, by the foregoing negligence, caused the victim F (F) who was on board a taxi to suffer catitis catum catum, etc., which requires approximately two weeks of medical treatment, and had the victim F (F) who was on board the taxi receive approximately three weeks of medical treatment, and at the same time, did not stop the said taxi and abscond without taking necessary measures, such as providing relief to the victim, even though it damages the amount equivalent to KRW 378,352 of the repairing cost.

around 12:50 on January 1, 2013, the Defendant, “2013 Man-Ma3312, the Defendant, without a vehicle driver’s license, driven C Eas car at the point 198 km from the front of the Jungdong Highway in the Jyeong-gun of Gangwon-do to the point 198 km away from the front of the Jungdong Highway in the Jyeong-gun of Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 and Article 268 of the Criminal Act concerning criminal facts;

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