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(영문) 수원지방법원 평택지원 2014.01.03 2013고단438

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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 was engaged in driving of C Poter cargo vehicles.

1. Around 23:00 on February 21, 2013, the Defendant operated the above cargo vehicle on the national highway No. 38 prior to the Cheongdol, Cheongdol, which is in the Cheongcheon-dol, and proceeded three-lanes of the three-lane road at the site of the head guard.

In such a case, a person engaged in driving of a motor vehicle is not negligent in performing the duty of care to maintain the safety distance from the front and drive the same lane in the front while neglecting the duty of care to safely drive the motor vehicle, and is negligent in driving the same lane at the front of the vehicle, and is not found to have a victim D(36 years of age) in the atmosphere of traffic at the front of the vehicle and received the rear part of the said cargo vehicle as the front part of the cargo vehicle.

As a result, the above victim suffered from a safinal safinal safinal safinal safinal safinal safinal safinal safinal safinal safinal safinal safinal safinal safinsafins

2. The Defendant, like in the preceding paragraph, driven the above cargo vehicle without the driver’s license, with approximately 8 km section from before the house of the Defendant in Echeon-si to the national highway No. 38 in Cheong-si, Songcheon-si, in front of the house of the Defendant, to the national highway No. 38 in Songcheon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. A written diagnosis and written estimate;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1.Article 40 of the Criminal Code of Trade and Trade.