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(영문) 의정부지방법원 2013.12.03 2013고단3945
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 of the final judgment.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) is a person engaging in driving a motor vehicle B thesis.

On September 23, 2013, the Defendant driven the above car at around 06:40, and proceeded at approximately 20 km in the speed of 10km in front of the bus stop at the Jinyang-si, Jinyang-si, Jinyang-do.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to safely proceed with the front side.

Nevertheless, the defendant neglected this and tried to build a road from the right side of the defendant's proceeding direction to the left side of the road by negligence of the business negligence of neglecting the defendant's duty to leave the front side of the vehicle of the defendant.

Ultimately, even though the Defendant suffered from injury, such as the entrance of a stove to the right-hand body and the mouth s to the right-hand body, etc., due to the above occupational negligence, the Defendant escaped without taking measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at a section of about 15 km from the 15 km away from the sloping apartment road located in Jinnam-ro, Namyang-gu, Namyang-do to the 735-17 Jinnam-gu, Jinnam-gu, Jinnam-do, to the sloping land of the same Eup at the same time without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (C);

1. Registers of driver's licenses;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to photographs related to each accident site and photographs;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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