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(영문) 서울북부지방법원 2015.09.22 2015고단2219
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger vehicle B i30.

Vehicles not covered by mandatory insurance shall be prohibited from driving on any road.

On 08:20 on 21, 2015, the Defendant driven the foregoing vehicle that was not covered by mandatory insurance without a driver's license on 08:20 on 21, 2015, and proceeded along the same lane in front of the first intersection in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu along the three-lane in the direction of the middle intersection in the direction of the Chinese government.

In such cases, a person engaged in driving service has a duty of care to safely drive the steering direction and brake system of the vehicle by accurately operating it.

Nevertheless, the victim C(the age of 28) was driven by the victim C(the age of 28) prior to the same direction while neglecting this, and received the front part of the vehicle that the Defendant drives.

The Defendant, by such occupational negligence, caused the victim to suffer bodily injury, such as catum salt, etc. requiring medical treatment for about two weeks, and at the same time, did not immediately stop the damaged vehicle and take necessary measures, such as providing rescue to the victim, even though the damaged vehicle is damaged to a considerable amount of KRW 1,070,798, and operated the vehicle without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Recording recording and report;

1. The actual condition of traffic accidents;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate of damage;

1. A written insurance contract submitted by an insurer and a certificate of insurance coverage;

1. Damage to or photograph of a harming vehicle or damaged vehicle;

1. Application of Acts and subordinate statutes to one incident video photograph and accident video CD;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts.

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