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(영문) 서울북부지방법원 2018.05.31 2018고단1214
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”) by the Defendant is a person driving D bargaining cars owned C as their duties.

On March 14, 2018, at around 06:30 on March 14, 2018, the Defendant, without a driver’s license, driven the said vehicle at a Gun line along the two-lanes between the two-lanes of the Gun and driven at an unforeseen speed.

In this case, a person who is engaged in driving service of a motor vehicle shall not drive the motor vehicle at a speed or in a manner that may cause any danger and injury to others by accurately operating the steering system, brakes, and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely reporting the situation of traffic in the front direction and the left direction.

Nevertheless, the Defendant neglected to do so and driven by removing the hand from the steering device to smoke tobacco, and caused the street trees on the right side of the road to be shocked by the front part of the car.

Ultimately, the Defendant caused a traffic accident by occupational negligence as above and caused the victim F (28 years old, female) who was on the top of the operation of the said car to suffer the injury of the victim F (F) who was on the top of the operation of the said car, which requires approximately two weeks medical treatment, and left the site without any measures such as reporting to the police despite the stop of the car on the road.

2. On March 14, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving around 05:00 on March 14, 2018, a vehicle with approximately 5 km from the front of the Seoul Western-gu Seoul Metropolitan Government G to the front road of the “I real estate” located in Dongdaemun-gu Seoul Metropolitan Government H without a driver’s license, and the said vehicle from the front side of the “I real estate” located in Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government H to the point of the said accident at approximately 400 meters.

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