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(영문) 서울중앙지방법원 2019.10.31 2019고단4870
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On May 4, 2018, the Defendant was sentenced to imprisonment for five months with prison labor for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on May 4, 2018, and is currently under probation period after the judgment became final and conclusive on May 12, 2018.

1. The defendant is a person engaged in the business of driving tea B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 5, 2019, the Defendant driven the said car on April 20:35, 2019, and continued the front road of the Olympic Winter-ro 210 Olympic Winter-ro, Dongjak-gu, Seoul, to the Han River-gu, the Han River-gu, Seoul.

Since there was a place where a vehicle was driven by a traffic accident that occurred earlier, there was a duty of care to prevent accidents in advance by driving the vehicle, properly operating the steering system, brakes, etc. of the vehicle, and safely driving the vehicle in line with the traffic condition of the road.

Nevertheless, the Defendant neglected this and stopped on the road as it was while driving the road, and received the back part of the victim C(W, 38 years old) driving D's driving car as the front part of the vehicle driving by the Defendant.

Ultimately, even though the Defendant suffered bodily injury, such as saved saves, etc., for two weeks of medical treatment by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

2. Around April 20:35, 2019, the Defendant: (a) driven a Damp vehicle on the road near the building in Gwangju City without obtaining a driver’s license in a section of about 40 km from the 40km to the road near the station in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. C’s statement;

1. Registers of driver's licenses;

1. A medical certificate;

1. Before judgment:

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