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(영문) 서울북부지방법원 2015.09.22 2015고단1768
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a vehicle B with the highest driver's license in violation of the Act on the Aggravated Punishment of Specific Crimes and the Road Traffic Act.

On January 31, 2015, the Defendant driven the said car as a duty around 20:57, and stopped in the signal signal atmosphere while driving the three-lane road in front of Seongbuk-gu Seoul Metropolitan Government along the three-lane from the distance gate to the street gate.

In this case, a driver of a motor vehicle has a duty of care to prevent the occurrence of an accident by properly operating the steering gear and steering the steering gear well and accurately.

Nevertheless, the Defendant neglected this and neglected to stop at the rear side of the car of the Defendant, and was driven by the victim D (the age of 29) who was standing in the traffic signal atmosphere from the rear side of the car of the Defendant, and was driven by the Defendant to the front part of the E-learning car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim F (the 27 years old), who is a passenger of the above-learning passenger car, such as salt, tension, etc. in need of a two-day medical treatment, and at the same time, escaped without any necessary measures, such as immediately stopping the above-learning passenger car, checking the damage situation by immediately stopping it, and providing relief to the victim.

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger vehicle with B put forward, and thus, he shall not operate the above vehicle on the road which is not covered by mandatory insurance.

Nevertheless, around January 31, 2015, the Defendant operated the said car without being covered by mandatory insurance on the front road of Seongbuk-gu Seoul Metropolitan Government, Seongbuk-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. The report on the occurrence of a traffic accident;

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