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(영문) 수원지방법원 성남지원 2014.02.20 2013고단3045
특정범죄가중처벌등에관한법률위반(도주차량)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. On October 26, 2013, at around 09:25, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing) and the Road Traffic Act (Free Driver’s License) driven a Cren motor vehicle without a driver’s license, and led the Defendant to drive the Cren motor vehicle along the direction of driving the Cren motor vehicle at the Seocheon-dong at the river at the right side of the lower bank along the two-lanes, along the two-lanes.

In such cases, the defendant engaged in driving service has a duty of care to ensure that he/she is not able to drive safely with the vehicle that proceeds in the front and the vehicle that proceeds from the front and the operation of the steering system in a correct manner.

Nevertheless, the Defendant neglected to proceed as it is and did not discover the Erocketing car driven by the victim D who is going to the Madles, and received the said Karen car part as the front part of the said car.

The Defendant, by such occupational negligence, committed an injury to the victim D, such as a distributed salt, which requires approximately two weeks of medical treatment, and sustained injury to the victim F of the said rocketing car, which requires approximately two weeks of medical treatment, and escaped without immediately stopping and taking necessary measures, such as providing rescue to the victims.

2. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated a car with the car of the Karen stated in Paragraph 1, which was not covered by mandatory insurance, at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports (1), (2) on traffic accidents;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.

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