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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단1467
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On November 2, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Suwon District Court's Eunpyeong Housing Site, and completed the execution of the sentence at the Suwon Detention House on February 25, 2017.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving of B rocketing cars.

On August 9, 2018, the Defendant driven the above car at around 10:10, the Defendant continued to drive the above car at the Jin-gu Seoul Metropolitan Government Jin-si 2, 15-25 Go-gu 1, a three-lane from the 3-lane 128-dong Spak-gu Spaking Zone.

At the time, there was a duty of care to prevent accidents, such as stopping temporarily to a person engaged in driving service and securing a safe distance with buses, since the DV bus driven by the victim C (the age of 49) was stopped at the bus stop in the front direction of the defendant's proceeding.

Nevertheless, the Defendant was negligent in neglecting it and received the rear part of the bus which was stopped at the bus stops in front of the left side of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc., requiring treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged vehicle, even though the damaged vehicle was damaged by KRW 2,148,036.

2. Violation of the Road Traffic Act (Unlicensed Driving) the Defendant driven a B rocketing car without obtaining a driver’s license within a section of about 4 km from the front of “F” in Seoyang-gu E at the time of high altitude as stated in paragraph (1) to the place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The surrounding parking vehicles and damaged vehicles, crime preventionCCTV video materials (the photograph and CD) 1.

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