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(영문) 서울중앙지방법원 2014.10.17 2014고단6614
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:00 on May 18, 2014, the Defendant operated a CMF5 vehicle without obtaining a driver’s license in the section of about 30km from the front of the Korean National University of Arts located in the Seongbuk-gu Seoul Metropolitan Government (Seoul Metropolitan Government) to the roads 390-5, Daedong-dong, Dongjak-gu, Seoul Metropolitan Government, at around 09:00 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (Non-accidents) are the defendants engaged in driving motor vehicles as set forth in paragraph (1) above;

On May 18, 2014, the Defendant driven the above car at around 09:00, and led the Dongjak-gu Seoul Metropolitan Government 390-5 front of the 390-5-dong, Seoul to proceed along the three-lanes of the private distance of the 4-lanes from the large prevention area.

Since there is a place where the center line of yellow solid lines is installed, the driver engaged in driving of the motor vehicle has a duty of care to thoroughly see the front line and to safely drive the motor vehicle in good faith.

Nevertheless, the Defendant, as stated in the above paragraph (1) of the same Article, failed to properly look at the roadsides of the vehicle driving without obtaining a driver's license, and driven by the center line, and caused the part of the left wheel of the vehicle in the opposite direction driven by the victim D (the age of 44) which the Defendant driven by the victim D (the age of 4) to the front pande part of the vehicle driving by the victim F (the age of 74). On the other hand, the lower part of the vehicle driving by the victim F (the age of 74) is shocked into the front pande part of the vehicle driving by the Defendant, and the lower part of the vehicle driving by the victim D was driven by the victim F (the age of 37) with the left pande part of the vehicle driving by the Defendant, which was driven by the victim H (the age of 37).

Accordingly, the defendant is the victim J(J, 41 years old) who was on a passenger car driven by the victim D and D due to the above occupational negligence.

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