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(영문) 서울서부지방법원 2013.06.25 2013고단914
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:36, on March 13, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, the Defendant driven B car at a section of approximately 1.5 km from the Eunpyeong-gu Seoul Eunpyeong-gu, Eunpyeong-gu, Seoul to the front road of the 179-12-dong, Eunpyeong-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-gu) led the Defendant to drive the said car at the time and time under the foregoing paragraph (1) at a speed that is impossible to identify the three-lane 179-12 ahead of the 179-12-Dong, Eunpyeong-gu, Seoul.

At the same time, crosswalks and signals are installed at night and at front, drivers have a duty of care to prevent accidents by reducing speed and driving the crosswalks in good manner by checking whether there are pedestrians who walk the crosswalks and by checking signals.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal, and the victim C, who has her right side of the crosswalkd in accordance with the pedestrian signals, was placed at the right side of the road in the left side of the defendant's course.

As a result, the Defendant suffered injury to the victim, such as her but not taking measures such as aiding the victim, even though her but not taking measures to rescue the victim, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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