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(영문) 광주지방법원 2019.01.10 2018고단4407
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Any person who has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor;

The Defendant did not file an application for the registration of the transfer of ownership of a motor vehicle within 20 days from the date of donation without justifiable grounds, even though he/she received a donation of a passenger car from Cambodian nationality B, which was known to the general public in Gwangju, around December 2017.

2. On November 4, 2018, the Defendant violated the Road Traffic Act, the Road Traffic Act (Free Driver’s License) and the Automobile Accident Compensation Guarantee Act, driving a radar car described in paragraph (1) that was not covered by mandatory insurance without obtaining a driver’s license from the roads near the Song-dong, Gwangju Mine-gu to the roads near the same GuD apartment, to the blood alcohol level of 0.127%.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving service of radar cars listed in paragraph (1).

On November 4, 2018, the Defendant driven the said car while under the influence of alcohol at 0.127% without obtaining a driver's license on November 4, 2018, and led to the running of the said car at three-lanes from the front side of the D Apartment in Gwangju Mine E-dong.

At this time, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to stop on the front side of the driver's GM5 car due to the negligence of driving on the front side while driving the vehicle at the 29-year-old stop on the front side. The latter part of the passenger's GM5 car is the front part of the Defendant's vehicle, and the victim H(35 years-old) who stops on the fourth-lane due to the shock.

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