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(영문) 춘천지방법원 2014.06.12 2014고단169
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in driving of Crocketing car.

On February 1, 2014, the Defendant driven the said car without a driver’s license on February 15, 2014, and driven the said car at a speed of about 60 km, depending on one way, from the Hart to the Egypt church, the remote road behind 506, which is located in the port of the Chuncheon City of Chuncheon, Gangwon-do.

At this time, the Defendant had a duty of care to look at the front side well and to prevent accidents by securing safety distance, since the Defendant was following the E Carren car driven by the victim D (the age of 51) who was going ahead of the same direction, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to perform his duty at the front time, and neglected to go through the front of the instant rocketing car.

Ultimately, the Defendant, due to the above occupational negligence, sustained bodily injury, etc. to the victim during approximately two weeks of medical treatment, and at the same time, avoided the car of the above car with the repair cost to be approximately KRW 401,982 due to the exchange of a panion, etc., and escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim.

On March 21, 2014, at around 08:37, 2014, the Defendant driven a vehicle of Category C with the vehicle of Category C 3 without obtaining a driver's license from approximately 1km section from the place not exceeding the new village of Chuncheon-si to the second apartment path in the same city master's zone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement on the occurrence of a traffic accident in DNA;

1. Application of Acts and subordinate statutes to a report on the occurrence of a case under consideration, a traffic accident report, a driver's license register, a written estimate, or a medical certificate;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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