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(영문) 서울중앙지방법원 2018.12.19 2018고단6878
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 150,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving 124cc Orala.

1. On August 6, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Compensation for Motor Vehicle Damages (hereinafter referred to as “D”) driven the above otobs without obtaining a driver’s license from around about 8km section from around the roads of the C clubs near Gangnam-gu Seoul Metropolitan Government B Station to the roads front of Seoul Special Metropolitan City, and driving the obs without obtaining a driver’s license.

2. On August 6, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Prize) driven by the Oratobin around 02:00 and proceeded one lane between the four-lanes in front of Gwanak-gu Seoul Special Metropolitan City D, Seoul, at the speed of about 40km from the direction towards the scarcity.

At the same time, there was a stone to connect the crosswalks, so there was a duty of care to safely drive the driver on the part of the driver. The driver had a duty of care to see the steering system and the steering system of the vehicle, the steering system of the vehicle, and other devices.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty on the front side, and caused the victim E (30 years) who was on board the back seat to go beyond the floor due to the collision of the road curb with the front wheels of the Otoba, and the Otoba, which led the victim E (30 years) who was on the back seat.

Ultimately, even if the Defendant suffered injury, such as the 4-7 Dam cage at the left-hand side, which requires approximately six weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement of the occurrence of E traffic accidents;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger and a report on detection of offenders;

1. Article 154 Subparag. 2 and Article 43 of the Road Traffic Act concerning facts constituting an offense, Article 154 Subparag. 2 and Article 154 of the Road Traffic Act (unlicensed Driving, Selection of Fines) regarding selective punishment, Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act.

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