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(영문) 광주지방법원 2014.11.18 2014고단2946
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【2014 Highest 2946】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) and the Road Traffic Act (Non-accident after Accidents) provided that the Defendant was engaged in driving of CDak-in Vehicles, and that the Defendant changed the two-lanes from November 18, 2010 to that of Gwangju-gu 20km in front of the front road instead of Gwangju Dong-gu Dok-dong Securities by driving the said car at around 11:20 on November 18, 2010.

At the time, the victim D(n, 32 years old) driver EM car was in progress on the right side of the defendant's driving direction at the time. In such a case, there was a duty of care to safely drive the vehicle by taking into account whether it is likely to obstruct the normal passage of other vehicles in the direction of changing the vehicle to the person engaged in driving business or not, and by reducing the speed.

Nevertheless, the Defendant neglected this and neglected to change the lane to the right-hand side of the Defendant’s vehicle, followed the victim’s passenger vehicle to the right-hand side part of the back-hand side of the victim’s vehicle, received a light fluorum fluor which requires treatment for about two weeks due to the shock, and, at the same time, failed to take necessary measures such as immediately stopping the said victim’s vehicle and providing relief to the victim, even if the repair cost, such as the fluor, etc., was damaged to the extent that the repair cost is equivalent to KRW 470,740.

2. Around 11:20 on November 18, 2010, the Defendant driven a CDap Motor Vehicle without obtaining a driver’s license from the front side of the modern apartment in the Gldong-dong, Gwangju-gu, Gwangju, to the front side of the securities, instead of a vehicle driving license.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a motor vehicle owner who drives the said motor vehicle for himself/herself as a real owner of a CDap car.

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