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(영문) 서울중앙지방법원 2016.02.05 2015고단6772
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 12, 2012, the Defendant was sentenced to imprisonment for a violation of road traffic laws (unlicensed driving) at the Jeonju District Court on December 12, 201, and completed the execution of the sentence in the Jeonju Prison on October 21, 2013.

[Criminal facts]

1. Around 03:40 on March 23, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., a escapeing vehicle) brought the front-down road of Gwanak-gu in Seoul Special Metropolitan City into a Do-do-ro screen from the Do-do-do-ro.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by safely reporting the traffic conditions at front and rear sides and safely.

Nevertheless, the defendant neglected to do so, and the part of the victim E (35)'s right side side side side of the road side was shocked with the back side side of the defendant's vehicle.

As a result, the Defendant got about two weeks back to the right side of the victim in need of treatment due to such occupational negligence, but did not immediately stop and take necessary measures such as aiding the victim.

2. On the day set forth in paragraph 1 of the Road Traffic Act, the Defendant, without a driver’s license, driven the said car at a section of about 30 meters from the front of the valley street in Gwanak-gu in Seoul Special Metropolitan City to the above accident site.

Summary of Evidence

1. Partial statement of the defendant (on the part of driving without a license);

1. Legal statement of witness E;

1. Statement of E in the police interrogation protocol (two times) of the accused;

1. Statement made by the police for E;

1. A traffic accident report;

1. The driver's license ledger;

1. Photographs of an accident vehicle;

1. A medical certificate;

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