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(영문) 서울중앙지방법원 2016.02.12 2015고단5009
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 03:50 on June 9, 2015, the Defendant operated a BMW car without a driver’s license from the front of the “F” main shop operated by the Defendant located in Gwanak-gu in Seoul Special Metropolitan City to the front road located in the new bank, Dongjak-gu, Seoul Special Metropolitan City (hereinafter “F”).

2. The Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle) and a violation of the Road Traffic Act (i.e., an accident) in the influence of alcohol while driving the said BMW car with a license without a license, with the intent of disregarding the above instructions and deceiving the Defendant to escape from the scene of a patrol vehicle at the corner distance of the head of the Sil-gu, Seoul Special Metropolitan City (i.e., a car located in the new-gu, Seoul Special Metropolitan City).

On June 9, 2015, the Defendant: (a) driven the said car at around 03:50, and (b) was negligent in neglecting the Defendant’s duty of 125cc or two-lanes in front of the instant car at a speed of at least 100 km per hour from the front of the new bank in Dongjak-gu Seoul Metropolitan Government, Seoul, with the speed of at least four-lanes of the four-lanes in front of the site of the waste collection at a speed of 4:59-5, the Defendant was driven by the victim H (59 years old) who driven the same lane while driving the said vehicle at a speed of at least 10 km per hour from the front of the said car.

The Defendant, who needs to provide lifelong treatment to the victim due to the above occupational negligence, sustained injuries in spine damage, etc. that requires others’ nursing, and at the same time, did not immediately stop the said two-wheeled vehicle to the extent of scrapping, and did not take necessary measures, such as aiding the victimized person.

3. On June 9, 2015, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), like paragraph 2, around 05:05, the Defendant snicked in the K Hospital Emergency room located in Gwanak-gu in Seoul Special Metropolitan City, where the freight vehicles parked on the road A while walking, are being transported and treated, and the Defendant snicked from L in the process of the Seoul Gwanak-gu Police Station Traffic Survey Team.

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