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(영문) 대전지방법원 서산지원 2014.11.06 2014고단449

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

[2014 Highest 449]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person who is engaged in driving of freight cars.

On May 3, 2014, at around 14:18, the Defendant was driving the above cargo vehicle on the tri-do-ri Do-ri Do-ri-ri Do-ri Do-ri-ri Do-ri Do-ri, on the Do-ri Do-ri Do-ri Do-ri Do-ri-do

There is a duty of care to prevent accidents by examining in advance whether there is any person or vehicle who intends to proceed by by bypassing the road to the person engaged in driving of the motor vehicle, because the road is plplicated or plucked on the right side of the proceeding direction.

Nevertheless, the Defendant did not look at the direction of driving without obtaining a driver's license, and did not find out that the victim D(4 years of age) is driving a bicycle for infants in the direction of driving a bypassing by the Defendant due to the negligence of driving the motor vehicle without obtaining a driver's license, and shocked the victim with the front part of the Defendant's vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, sustained bodily injury, etc., such as a scarke wall, which requires two weeks of treatment, and escaped without taking necessary measures, such as aiding and abetting the victim.

2. Around May 3, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) and operated the instant Ccoon-line truck without obtaining a driver’s license in the section of about 45 km from the street in front of the Ccoon Dol-ri Dol, Chungcheongnam-gun, Taean-gun, Taean-gun, Taenam-gun, to the above Dol-ri Dol-si, through the vicinity of the Ccoon Dol-gun, Dol-gun, Taean-gun, Dol-gun.

[2014 Highest 887] The Defendant is a person who is engaged in driving of C Dokdo Dok Road.

On July 23, 2014, the Defendant driving the said vehicle without obtaining a driver's license at around 15:45 on July 23, 2014, and driving the said vehicle, and driving the said vehicle at approximately 40km per hour from the front side of the FJ E in Chungcheongnam-gun, Chungcheongnam-do.