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(영문) 서울북부지방법원 2016.11.15 2016고정1867
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a Mongolian U.S. student who is driving a Cuskn vehicle.

1. Around 22:30 on February 20, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (D) driving the said vehicle on the front of the road in Jung-gu Seoul Metropolitan Government, and driving the said vehicle on the side road along the side road with a house that is not divided into two lanes in the direction of the front intersection from the surface of the road.

A driver has a duty of care to check and proceed with the safety of the course by checking the entire course and the left and right of the vehicle when a house without a lane is running along alley, and was obligated to take measures such as aiding the victim immediately when a traffic accident occurs.

Nevertheless, the defendant neglected to do so and neglected to do so, and the part on the left side of the driver's vehicle of the victim E (the 19-year-old driver's vehicle) in the opposite part of the driver's vehicle of the defendant's Mad-in vehicle was shocked.

Although the Defendant, by occupational negligence, sustained an injury, such as “satisfe,” etc., which requires two weeks of treatment of the victim, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

2. No person who intends to drive a motor vehicle in violation of the Road Traffic Act shall drive the motor vehicle without obtaining a driver's license from the commissioner of a district police agency;

Nevertheless, the Defendant operated the COperationa car without obtaining a driver's license at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of E traffic accidents;

1. Registers of driver's licenses;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (on-site investigation and CCTV verification);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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