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(영문) 대전지방법원 2014.12.24 2014고정1834
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Road Traffic Act (unlicensed Driving) on June 25, 2014, without obtaining a driver’s license on June 20, 2014, and driving Bsch Rexton car on the front road at the Seo Daejeon-gu Culturaldong in Daejeon-gu.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the said car, operated the said car without mandatory insurance at the same time and place as the foregoing paragraph 1.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) provided that the Defendant driven the said car at a temporary border, such as the foregoing paragraph 1, and led the Defendant to drive the said car at the same time and toward the four-lane distance along the four-lane roads immediately preceding the said intersection, along the four-lane road.

However, since there is a place where traffic is controlled by signal apparatus, there was a duty of care to safely drive a person engaged in driving service according to signals.

Nevertheless, the Defendant neglected to do so and tried to stop the above taxi at the red signal at the intersection and stop immediately so that the victim C(55 years old) is driving at the right-hand part of the D private taxi in front of the left-hand turn pursuant to the new subparagraph, and suffered from the injury of catitis, etc. requiring treatment for about 20 days on the left-hand part of the said car. At the same time, the Defendant failed to take measures such as providing relief to the victim, etc. by immediately stopping the said taxi at the right-hand part of the D private taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Photographss related to traffic accidents;

1. Mandatory insurance policies;

1. The ledger of driver's licenses;

1. Application of the Act and subordinate statutes to a copy of a written estimate for general repair expenses;

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

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