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(영문) 서울서부지방법원 2014.04.29 2014고단266
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

The Defendant is also a person who is engaged in driving a passenger car.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), Violation of the Road Traffic Act (U.S.) and the Road Traffic Act (U.S.) by the Defendant did not obtain a driver’s license on January 18, 2014, and driving the said car in accordance with three-lanes of the distance of the combined railway station in Mapo-gu Seoul Metropolitan Government, by driving the said car along the two-lanes from the upstream of the upper water to the telesection.

Since the above place is a remote crossing with a signal apparatus, in such cases, a person engaged in driving of a motor vehicle has a duty of care to drive a motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front part of the vehicle of the victim C(59 years old) driving DNFxa Dota-si, which is carried out by green signal from the Madern East-dong room as it was by negligence, in violation of the red signal signal as is, and thereby, received the front part of the passenger car operation.

The Defendant caused the foregoing traffic accident and caused the victim to suffer scam scams, etc. requiring treatment for about two weeks, and at the same time, the Defendant left the scene without immediately stopping the said scam scams, etc. to ensure that approximately KRW 1,003,556 of the repair cost is damaged and that the said scam scams, etc. do not take necessary measures, such as aiding the victims.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, at around 02:35 on January 18, 2014, the Defendant operated a passenger car on the bareboat street located in Mapo-gu Seoul Metropolitan Government Joint-dong, and the B Coin that was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Traffic accident reports, the ledger of driver's licenses for motor vehicles, and the making-up of the chassis;

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