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(영문) 의정부지방법원 2015.06.10 2015고단687
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The Defendant is a person engaged in driving a Belgium car.

1. On December 19, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) driving the said vehicle in front of D in C

At night, and its location is the center line of yellow-ray, so the driver of the vehicle has a duty of care to thoroughly drive the front-round city and safely drive the vehicle along the lane and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and got the left side of the victim E(39 years old) driver’s vehicle driving in the opposite part of the right-hand line due to the negligence going beyond the center line during the right-hand line, and received the left-hand part of the driver’s vehicle in front of the left-hand side of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, inflicted an injury on the left-hand check salt, etc., which requires the victim to receive approximately two weeks medical treatment, and, at the same time, did not immediately stop the 1,451,866 won at the expense of repairing the observer car, and did not take necessary measures, such as aiding the casualties.

2. Violation of the Road Traffic Act (Unlicensed Driving) on December 19, 2014, the Defendant, without obtaining a driver’s license on December 19, 2014, driven a car at the level owned by the mother of the Defendant to the Belgium owned by the Defendant’s mother in the 4km section from the front of the Defendant’s house located in Namyang-si, Namyang-si via the convenience store located in the Sinyang-si, Seoyang-si, Seoul, to the said Defendant’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. The suspect driver's license register;

1. A medical certificate;

1. Application of the written estimate for vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts are injured by occupational negligence.

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