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(영문) 제주지방법원 2019.06.27 2019고단51
특정범죄가중처벌등에관한법률위반(도주치상)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 13:00 on December 18, 2018, the Defendant driven a F car without obtaining a driver’s license from a section of about 4km from the road near C in Jeju Island to the front distance in D in the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (U.S.A.) led the Defendant to drive a F Carren car on December 18, 2018 without obtaining a driver license on December 13, 2018 and proceeding two-lane roads in front of the E-distance Do from the side of G elementary school to the H high school.

Since there is an intersection where a signal, etc. is installed, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and by properly examining the right and the right of the road, and to safely drive the motor vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded to turn to the left from the rear door of the I Apartment to the left-hand turn signal at the right-hand turn on the opposite side of the stop signal due to the negligence of the Defendant’s failure, and received the front part of the I Apartment car operated by the Defendant, such as the front part of the Karen car driving by the Defendant, and continued to proceed from the rear side of the I Apartment Car to the H High School by the victim L (57 years old) who was trying to move to the left-hand part of the Karen taxi driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, suffered from the victim J about three weeks of injury to salt and tensions, and from the victim L, the victim’s saves and tensions requiring approximately two weeks of medical treatment, respectively. At the same time, the Defendant saves the victim’s injury.

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