Ga. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Desertion)

208 and 100 (Joints) Vehicles

(b) Violation of the Road Traffic Act;

(c) Violation of the Road Traffic Act (Driving without Permission);

(d) Violation of the Road Traffic Act (d)

Gangwon ○

A person shall be appointed.

Judicial Trainees (Korean Legal Trainees)

April 3, 2008

A defendant shall be punished by imprisonment for one year.

The twenty-four days of detention before this judgment is sentenced shall be included in the above sentence.

Facts of crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a flight vehicle), a violation of the Road Traffic Act, or a violation of the Road Traffic Act;

(Unlicensed Driving)

On December 16, 2007, 02: Around 10:10, the Defendant driven a rocketing car in TT in the south-gu Incheon Metropolitan City, without obtaining a driver’s license, and driven a two-lane of the four-lane in front of the Jeju Southern-gu, Incheon Metropolitan City, a drawing and an elementary school located in 391, at a speed of about 40 km from the shooting distance room of the State. In such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents by driving the motor vehicle well and safely.

Nevertheless, due to negligence, the victim ○○ (the age of 19) who was standing for a signal signal in front of the horse at the time when he was negligent, received the rear part of the car driven by the victim.

The Defendant’s negligence in the course of performing the above duty to provide approximately two weeks of medical treatment to the victim ○○○ (22 years old), Lee ○○ (19 years old), Lee ○○ (22 years old), and Lee ○ (22 years old) on board the victimized vehicle.

In spite of the collapse of the damaged vehicle to be in excess of KRW 312,060, the injured vehicle immediately stopped and did not take measures such as providing relief to the victim, etc.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a flight vehicle), a violation of the Road Traffic Act, or a violation of the Road Traffic Act;

(D) Violation of the Road Traffic Act (Drinking)

A. On February 24, 2008: 02: 50% of blood alcohol concentration without obtaining a driver’s license, the Defendant: (a) driven the above OTp Engine 117% under the influence of alcohol concentration; and (b) driven the 4-lane road front of the savings bank in the south-gu Incheon Metropolitan City by driving the above OTF Engine 117% under the influence of alcohol concentration; and (c) driven the 4-lane road in front of the savings bank in the south-gu, Incheon along two-lanes from the shooting distance of the old citizen center. At night at that time, signals, etc. are installed at front of that place; (d) in such a case, the person engaged in driving a motor vehicle had a duty of care to reduce speed and maintain safety distance, and prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded as it is while driving, found the victim Kim○○○ (the 44-year old-old taxi) who was driven by this Defendant under the breath of the moving direction at the front of the driving direction at late, operated the new string or other business-use taxi to avoid this, but failed to avoid it, and received the part of the Defendant’s vehicle behind the said taxi in front of the passenger vehicle.

The Defendant, due to the above occupational negligence, sustained injury to the victim Kim ○○ for about 20 days, and at the same time, destroyed the said taxi to move into KRW 886,00 for repair expenses, and did not immediately stop to rescue the victim and escape without taking other measures, such as aiding the victim.

B. Then, at around 03:00 on the same day, the Defendant continued to run away to the part of the Defendant’s front of the modern house located in the south-gu Incheon Metropolitan City, Seoul Metropolitan City, with the part of the Defendant’s front of the instant car, which was parked there, in front of the victim’s least ○○-owned car, and the part of the victim’s Hu○-owned car which was parked in the same place, and the part of the Defendant’s vehicle loaded after the closure of the victim’s Hu○-○-owned cargo in the same place.

As a result, the Defendant escaped without taking necessary measures after an accident even though the repair cost of the above vehicle owned by 369,840 won was destroyed and damaged by 294,00 won for repair cost of the above vehicle owned by Hu○○○○, the victim Hu○, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement;

1. A written statement;

1. A report on detection of a police driver;

1. The register of driver's licenses;

1. Each written diagnosis;

1. Written estimate; and

Application of Statutes

1. Relevant Articles of criminal facts;

Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act.

Article 148 and Article 54 (1) of the Road Traffic Act (the action after causing the death or injury by negligence)

section 152 subparag. 1, Article 43 (Occupancyless Driving), Article 150 subparag. 1, and Article 44(1)

(The point of drinking driving)

1. Competition;

Articles 40 and 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, as stated in paragraph (1) of the same Article.

Anti-crimes and crimes of violation of the Road Traffic Act due to the failure to take measures after the destruction of property, and crime No. 2

(a) A crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the preceding paragraph and a measure not taken after property damage;

A. Road traffic between the crimes of violation of the Road Traffic Act and the crimes of Article 2-1

The crime of violation of the Act and the crime of violation of the Road Traffic Act due to driving without a license is defined in Section 2-B.

The crime of violation of the Road Traffic Act due to the failure to take measures after each property is damaged)

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges