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(영문) 수원지방법원 2013.11.18 2013고단1776
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is engaged in driving a gallon or a combined driver.

On February 20, 2013, the Defendant driven the above van without obtaining a driver's license on February 20, 2013, and proceeded with a road of approximately 50 km in front of the treatment 3 apartment entrance in the substitute of Osan City.

At the time, the place is a zone where the central line of yellow solid lines is installed, so there is a duty of care to refrain from overtaking any person engaged in driving service.

Nevertheless, in order to pass over without neglecting this, the Defendant was driven by the victim D (the age of 51) who is going to turn to the left at the right side by the negligence of overtaking the center line beyond the center line as it is, and then received the front part of the E Launa car driven by the Defendant on the right side of the passenger car driven by the Defendant.

As a result, the Defendant committed an injury to the victim D, such as climatic salt, which requires approximately two weeks of medical treatment, suffered injury to the victim F (the 38 years of age) who was on the said E-car, by causing about two weeks of medical treatment, and, at the same time, did not stop the said rocketing car to the extent that it damages the amount equivalent to KRW 840,496 of the repairing cost to the extent that it does not take measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report or report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. An agreement is reached with the victims under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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