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(영문) 서울중앙지방법원 2016.11.30 2016고단7535
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and a fine of 150,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaged in driving a two-dimensional vehicle B 124cc.

On October 16, 2016, the Defendant driven the above two-wheeled vehicle without obtaining a motorcycle driver's license on October 16, 2016, and moved the two-lane road in Gangnam-gu Seoul Metropolitan Government C from the shooting distance of the Cheongdo Park to the intersection distance of the educational road at the speed of 20km through 30km.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to drive the motor vehicle by reducing speed and by properly examining the right and the right and the right of the motor vehicle and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and proceeded without disregarding the pedestrian signals, and caused the victims to go beyond the road, by shocking the victim D(29 years old) and the victim E(31 years old) who walked the crosswalk from the right side of the exit of Gangnam-gu Office No. 4 to the right side of the entrance of Gangnam-gu, according to the pedestrian signal.

Ultimately, the Defendant, by negligence in the above occupational negligence, escaped without taking necessary measures, such as providing relief to victims, even though he suffered injuries, such as catitiss, which require treatment for about two weeks, and suffered injuries to the victim E, which require treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a motorcycle driver's license at the date and time set forth in paragraph (1) and driving a B-wheeled Vehicle at approximately 2.8km from the front of the Gangnam-gu Seoul Samsungdong Office to the front of the Cheongdam-dong, Gangnam-gu Office.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The report on traffic accidents (the actual survey report);

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