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(영문) 의정부지방법원 2013.05.24 2013고단430
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles), Violation of the Road Traffic Act (Unauthorized Measures) and the Road Traffic Act (Unlicensed Driving) are those who are engaged in driving motor vehicles of C Adoing XD.

On September 29, 2012, the Defendant driven the said car without a driver's license on September 29, 2012, and proceeded with the front road of 24-13 in the Dongbcheon-si, Gyeonggi-do, the front road of 24-13, the front road of the Si Library from the upper intersection to the front section of the Si Library.

Since there is a center line of yellow solid lines, a person engaged in driving motor vehicles has a duty of care to prevent accidents by complying with the car line and operating the steering gear and operating the steering system accurately.

Nevertheless, the Defendant neglected to do so and received the full left-hand part of the E Sti-type car driving by the victim D (the 56-year old) who was fright-hand side of the vehicle driving in the mati-type opposite vehicle due to the negligence of driving the central line.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as an unfashion in need of treatment for about four weeks, and at the same time, destroyed the above damaged vehicle to the extent of 11,650,000 won, such as the exchange of the previous vehicles, and escaped without taking necessary measures, such as stopping the vehicle, and providing relief to the victim.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as prescribed in paragraph (1), was negligent in driving a median line without a driver’s license, thereby causing injury to the victim F (the 23 years old), who is the passenger of the Defendant, to undergo approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the suspect against the accused;

1. Statement made to D by the police;

1. The actual condition survey report on traffic accidents and the comprehensive analysis report on traffic accidents;

1. Responses to investigation and cooperation and the inquiry into the status of foreigners;

1. Each written diagnosis and written estimate;

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