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(영문) 서울중앙지방법원 2018.07.26 2018고단2678
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle B. A.D.

On December 3, 2017, the Defendant driven the said car without obtaining a driver's license on the said car, and entered the road of 5 lanes of 07:12 lanes in Seocho-gu Seoul, Seocho-gu, Seoul, into both sub-IC, and changed the course to 3-lane in order to turn to the fluence from the fluence distance to the fluence of the fluence.

When the driver of any motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction of changing course, he/she shall not change course, and he/she has a duty of care to change course by well examining the right and the right of the right and the right of the road.

Nevertheless, the Defendant neglected this and got the victim C (71) operating in the same direction at the same three-lane due to the negligence of changing the lane rapidly and driving the lane, which was driven by the Defendant, into the top left side of the said car driving by the Defendant.

As a result, the Defendant, by occupational negligence, committed an injury to the above victim, such as a sprinke, which requires approximately three weeks of medical treatment, and, at the same time, avoided the repair cost of KRW 403,236, such as the exchange of the previous sprinkers to the extent that the repair cost, such as the exchange of the previous sprinkers, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (survey report) and an investigation report (Attachment to black stuffs taken between the end of the pertinent drilling) (Attachment to black stuffs and images taken between the end of the pertinent drilling);

1. A vehicle, photograph of the damaged vehicle, photograph of the damaged vehicle, and written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54(1) of the Road Traffic Act (the after-accident).

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