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(영문) 서울중앙지방법원 2016.07.06 2016고단2308
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No automobile in violation of the Automobile Management Act shall be operated unless it is registered in the automobile registration ledger;

Nevertheless, around May 13, 2009, the Defendant, at the office of Yangcheon-gu Seoul Metropolitan Government, purchased a car under the prompt name “Tysta” (hereinafter “Tysta”) called “Tysta”, which was an unclaimed vehicle after ex officio cancellation of registration at the office of Yangcheon-gu Seoul Metropolitan Government, and operated the said car on November 22:55, 2015, without being registered in the vehicle registration ledger, even if the Defendant purchased the car from a person on his name in the unclaimed land on the date of 2013 to 2014.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant purchased the said car, which was not covered by mandatory insurance, at the same time and place as indicated in the preceding paragraph, at around November 22:5, 2015, and operated the said car to the front road of Dongjak-gu Seoul Metropolitan Government D on November 1, 2015.

3. The defendant is a person engaged in driving of the said vehicle, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle), violates the Road Traffic Act (U.S.) and violates the Road Traffic Act (L.).

On November 1, 2015, the Defendant driven the said car under the influence of alcohol concentration of 0.126% among the blood transfusions on November 22:5, 2015, and turned to the left at an elementary school of the third day after driving the said car at the same time as the alcohol concentration of 0.126%, and driving the front road of Dongjak-gu Seoul Metropolitan Government D in the direction of passing from the male air basin, at the same time as the one-lane of the five-lane course

At that time, signal lights have been installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by driving the motor vehicle, such as taking the front door and left door and right door well, observing the signal accurately.

Nevertheless, the defendant's failure to comply with the green straight-line signal and turn to the left without permission, while driving normally on the opposite line.

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