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(영문) 대전지방법원 홍성지원 2015.09.02 2015고단398

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a dump truck.

On March 15, 2013, when the Defendant driven the above cargo without obtaining a driver's license on March 17, 2013, the Defendant proceeded at a speed of about 60km from the right side to the right side when she was formed at a one-lane road in front of the entrance of the sea village in the west-ri, which is in the west-ri.

Since there was a bend road where the center line of the yellow-ray is installed, there was a duty of care to thoroughly operate the front line to the person engaged in driving service and to keep it safely.

Nevertheless, the Defendant neglected this and went into an opposite lane by neglecting the center line while driving and driving it on the opposite lane, and received the wheels in front of the left-hand side of the Echip car driven by the victim D (hereinafter referred to as 39 years old) who is driving in the opposite lane.

Ultimately, the Defendant, due to the above occupational negligence, sustained an injury to the victim, such as the structural string of the offline, which requires approximately eight weeks of medical treatment, and at the same time, the Defendant, even though he damaged the chip drive door, etc., which is owned by F, to have an amount equivalent to KRW 31,889,518 of the repair cost, failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act that does not take measures after destroying and damaging property: Operation without a license under Articles 148 and 54 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of a Do driving vehicle) of the same Act.