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(영문) 의정부지방법원 고양지원 2014.05.22 2014고단219
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

1. Around 18:00 on January 19, 2014, the Defendant driven BMW car without obtaining a driver’s license, to the front road of the CMW car, 632-ro Medididididio apartment at the Seoyang-dong, Seoyang-gu, Yongsan-gu, Yongsan-si, Busan-si, as well as to the CMW car without obtaining a driver’s license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving the said BMW car.

The defendant, at the time and time stated in paragraph (1), proceeded to the upper road at the intersection in front of the Ramerdi apartment above the monthly bordering point, from the direction of the Sisan Elementary School.

As above, the Defendant, due to negligence of neglecting the duty of front-way space in a licenseless state, went back to the right side of the victim’s DM3 car that entered the above intersection from the left side of the driving of the Defendant in the above direction of the vehicle, and went back without taking necessary measures, such as aiding and abetting the victim E (W 43 years old) who was on the front side of the above BM3 car, due to the shock, suffered injury, such as a closed cerebral cerebrs, which requires treatment for about two weeks, and at the same time, attempted to damage the victim’s 3 car owned by C to the sum of the repair cost of the 3,431,000 won, and to rescue the victim or to confirm whether the damage was inflicted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Simplified traffic);

1. A traffic accident investigation report and an accident-related photograph (No. 3 and 11 No. 11);

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on revocation

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 152 subparag. 1 and 43 of the Road Traffic Act as to the crime without a license.

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