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(영문) 대구지방법원 서부지원 2013.04.19 2013고단51

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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

Nevertheless, at around 19:05 on October 28, 2012, the Defendant operated the B1 ton cargo vehicle without mandatory insurance on the roads of 19:05, 61-1, Chang-si, Chang-gu, Daegu-gu, Daegu-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving vehicles of 21 ton cargo vehicles;

On October 28, 2012, the Defendant driven the above cargo vehicle on October 19:05, and proceeded with the 1st day of the Chang-si, Chang-gu, Daegu-gu, with the front of the 1st 61-1st day of the Cheong-gu, Chang-gu.

At the time, there is a night and a place where the road is in danger of continuous traffic, so there was a duty of care to reduce speed and prevent accidents in advance by driving a person engaged in driving of a motor vehicle as well as his/her prior to driving.

Nevertheless, the Defendant neglected this and led the victim C (the 60-year-old) to walk the bicycle front part of the victim C (the 60-year-old) who was towing a bicycle due to negligence, and caused the victim to go beyond the ground floor due to its shock.

As a result, the Defendant suffered injury, such as a cage cage cage cage, etc., which requires approximately eight weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant left the victim’s bicycle without taking necessary measures, such as aiding the victim, immediately stopping, even though it damages the victim’s bicycle to cover approximately KRW 200,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each traffic accident report;

1. Each photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Criminal Act;