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(영문) 창원지방법원 2013.09.27 2013고단1767
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving motor vehicles B;

On May 6, 2013, the Defendant operated the said vehicle without obtaining a driver's license at around 15:20 on May 15, 2013, and operated the said vehicle along three-lanes in front of the Shepurus Korea, which is located in the inside of the Yongsan-gu, Changwon-si, in accordance with three-lanes from the Changdong-gu, the Defendant had a duty of care to prevent accidents, such as making a person engaged in driving service well look at the front side and the right and the right and the right and the right and the right and the right and accurately manipulating the steering direction and the system.

Nevertheless, the Defendant neglected to do so and temporarily stopped in the front bank by negligence, and received the part of the passenger vehicle driving by the Defendant after driving the victim C (the 40-year-old driver)'s dial drive and then received the part of the passenger vehicle driving by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as satisfy that requires treatment for about two weeks, while at the same time, the Defendant, such as the exchange of white panels, destroyed the above satisfy vehicle so that the repair cost, such as 1,321,250 won, and escaped without taking necessary measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the date specified in the above 1.1., the Defendant driven the friendly motor vehicle at a approximately 9 km section from the front side of the friendly test in the Sungwon-si, Sungwon-si, Sungwon-si to the On-Road Parking Lot located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Road Traffic Act as to the crime.

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