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(영문) 수원지방법원 평택지원 2017.02.28 2017고단42
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The defendant is a person who has driven a C Poter vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or Megaonism), a violation of the Road Traffic Act (or an unlicensed driving) and a violation of the Traffic Act (or an unlicensed driving).

On January 1, 2017, the Defendant driven the above cargo vehicle without obtaining a driver's license of a motor vehicle on January 1, 2017, and turned down the two-lane road in front of the D's house in Ansan-si, with one-lane training direction from the remote distance room in the mountain.

At the time, it was a road where the center line of the yellow-ray was installed at night, so there was a duty of care for those engaged in driving of the motor vehicle to live well on the right and the right, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and went away without taking necessary measures, such as aiding the injured party’s rescue, even though the injured party’s failure to stop the said cargo to the extent of KRW 10,172,000 for repair costs, which was 10,172,000, which was driven by the injured party E in the opposite part of the driver’s right of left-hand side of the F rocketing car driven by the injured party E in front of the said cargo vehicle.

2. The Defendant illegally used the vehicle of the victim by voluntarily driving the vehicle of the victim C, which is owned by the victim G, at the time and place indicated in paragraph 1, without the consent of the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. Application of Acts and subordinate statutes to a copy of a traffic accident investigation report, diagnosis certificate, and written estimate for repair;

1. Relevant Article 331-2 of the Criminal Act (the illegal use of a motor vehicle), Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident), and Article 152 of the Road Traffic Act.

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