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(영문) 서울북부지방법원 2017.06.14 2016고단5434
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

However, the above imprisonment 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 (or equivalent) is a person who is engaged in driving a mixed character with no license plate 124cc.

On October 24, 2016, the Defendant driven the above Obaon on the 14:43th day of October 24, 2016, and proceeded on the 1 lane of the front part of the Dongdaemun-gu Seoul Metropolitan Government, the two lanes of the two lanes above the Seoul Dongdaemun-gu Seoul Metropolitan Government, the Defendant, by negligence in the course of business, caused the Defendant’s Oba on the part of the victim D (75 years old) crossing the left part from the right side of the running direction of the Obaba, while neglecting the duty of the ebabbba in a foreign language.

Although the Defendant, by such occupational negligence, caused the victim to suffer a call lease requiring approximately six weeks of medical treatment, etc., the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (unlicensed driving) driving by the Defendant, at the same time and place as paragraph 1, of this Article, mixed character 124 cc. without a motor device bicycle license.

3. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on the road which is not mandatory insurance policy, but the Defendant operated a mixed type 124cc c occ, which has no number plate that is not covered by mandatory insurance at the same time and time as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Registers of drivers' licenses (no license shall be granted);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the escape after the injury of occupational negligence, the choice of imprisonment), Article 154 subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license, the selection of fines), Article 46(2) and the main text of Article 8 of the Guarantee of Automobile Compensation Compensation Act (the point of operating cars without mandatory insurance, the choice of imprisonment).

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