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(영문) 대구지방법원 경주지원 2013.11.27 2013고정226
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 22:00 on January 27, 2012, the Defendant: (a) driven a DNA rocketing vehicle at a section of about 30km, without obtaining a driver’s license, from around 00:36, the following day from the date before the house of C located in Ulsan Northern-gu B; and (b) around 00:36, from around 30:0,000 on the day following that, to the national highway No. 7 in front of the signal belt.

2. The Defendant is a person who is engaged in driving a rocketing vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (non-measures after an accident).

On January 28, 2012, the defendant driving the above vehicle without obtaining a driver's license as stated in Paragraph 1, around 00:36, and driving the national highway No. 7 in front of the signal belt, which is located in Seocheon-si, Seocheon-si, Seocheon-si, on the front side of the racing, along the two-lanes of the three-lanes.

At the time, the Defendant, while driving a victim E(33 years old) driving in the same direction, proceeded with a road along an intersection where signal lights are installed in the front direction following the vehicle. In such a case, the Defendant had a duty of care to safely drive the vehicle by securing the safety distance between the front vehicle and the safety distance, and by checking the front side well.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front part of the Defendant’s driver’s vehicle, following the above vehicle of the victim who stops in accordance with the suspension signal of the front time.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks, and, at the same time, escaped without immediately stopping the vehicle owned by the victim, without taking necessary measures, such as providing relief to the victim, even though it was damaged to ensure that the above vehicle owned by the victim was in excess of KRW 6,336,935.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the police as to E.

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