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(영문) 서울서부지방법원 2013.08.20 2013고단1411
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving a CM3 car.

On May 11, 2013, the Defendant driven the above vehicle at around 03:35, and led the front road of 54-1 in the reverse village of Eunpyeong-gu Seoul Metropolitan City to go about about 50 km a speed of 50 km, depending on the two-lanes of city hospital distance from the long-distance bank of the city.

At the time, a person engaged in driving of a motor vehicle at night has a duty of care to prevent accidents in advance by driving the motor vehicle safely by checking the front side and the left side well.

Nevertheless, the Defendant neglected to do so and neglected the part on the left side of the EM5 personal taxi driven by the victim D (year 51) who stops in order to board customers on the same lane as the direction of the vehicle run by the Defendant in the course of the Marina, the Defendant shocked the back part on the right side of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires treatment for about two weeks by occupational negligence as above, and at the same time, e.g., e., e., e., e., e., e., e., e., e., e., e., e., repair costs.

2. The Defendant violated the Road Traffic Act (unlicensed driving) at the time stated in the above paragraph (1) of this Article, driving the automobiles listed in the above paragraph (1) without obtaining a driver’s license from around 3 km section of Eunpyeong-gu, Seoul to about 54-1, 54-1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 crime.

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