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(영문) 춘천지방법원 영월지원 2018.08.21 2018고단193
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B-learning cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and the violation of the Road Traffic Act (the post-accident).

On November 7, 2017, the Defendant driven the said car without obtaining a driver's license from around 01:10 on November 7, 2017, and driven the three-lane road in front of the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do toward the office of Pyeongtaek-gun.

At the time, it is a private-distance intersection that operates a night and a wide-distance flashing flashing flashing, so the driver of the motor vehicle has a duty of care to check whether there is a motor vehicle already entering the intersection by thoroughly operating the front side and the right side side side by driving the motor vehicle before entering the intersection, and to accurately manipulating the steering direction and the brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded to the right side from the left side of the collision Defendant’s running, and driven by the victim D (63 Do) who entered the intersection, the front door of the E-Poter Ⅱ truck, which was driven by the Defendant, was the front part of the said car.

As a result, the Defendant suffered injury to the victim, such as a large-time withdrawal from the Republic of Korea, which does not keep the right to receive treatment for about four weeks due to such occupational negligence, and at the same time, did not take necessary measures such as aiding the damaged party while destroying the above cargo to the extent that the repair cost is 3,905,044 won.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor vehicle without obtaining a driver’s license within approximately 400 meters from the front day of “G” in “G” located in “G, the Pyeongtaek-gun, the Pyeongtaek-gun, which was indicated in paragraph 1 to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of H and I;

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

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