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(영문) 서울동부지방법원 2014.11.10 2014고단2470
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BCA110E 110cc motor bicycles.

On June 19, 2014, at around 06:00, the Defendant driven the above motorcycle without a motorcycle driver's license on June 19, 2014, and proceeded three-lanes in front of the 1066-lane in Gangdong-gu Seoul, Gangdong-gu, Seoul, with three-lanes in front of the river basin distance in the 1066-lane.

In this case, the defendant, who is engaged in the driving of a motorcycle, had a duty of care to safely operate the brake and steering gear by accurately operating the steering gate and steering gear.

Nevertheless, the Defendant neglected this and got through the intersection by entering the red signal, passing through the intersection without any signal, and caused the change of the lane to the two-lanes without any signal, which is mixed with no license plate of the victim C (the 16-year-old driver) who has driven in violation of the signal, and caused the victim to go beyond the ground by receiving the front part of the above motorcycle of the driver's license of the Defendant.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as slick slocks and slicks, etc. on both sides, which require treatment for about three weeks, and, at the same time, did not immediately stop the damaged motor bicycle equivalent to the market price of KRW 1,550,000, and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. Registers of driver's licenses;

1. C photographic and diagnostic documents of the victim;

1. Application of Acts and subordinate statutes concerning investigation reports (related to physical damage of victims);

1. Article applicable to criminal facts;

A. The point of escape vehicle: Act on the Aggravated Punishment, etc. of Specific Crimes.

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