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(영문) 대전지방법원 공주지원 2013.10.18 2013고단119

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a fixed-wing cargo vehicle C.

On November 28, 2012, the Defendant, without obtaining a driver's license on November 28, 2012, operated the above vehicle from the Cheongyang-gun National Highway No. 39 of Songyang-gun to the Cheongyang-si, Cheongyang-si to the Cheongyang-si, Cheongyang-si.

There are one-lane roads, and the victim D (53 years of age) who is driving ahead of the same direction is driving a light engine, so the person engaged in driving service has a duty of care to drive safely by driving the light engine.

Nevertheless, the Defendant, while neglecting such care, was driven by the Defendant, and was placed on the left part of the cateral panel on the front side of the said cargo vehicle.

As a result, the Defendant, by negligence in the course of performing his duties, sustained injury by the victim D, such as the right-free kne-free kne-free kne-free kne-free kne-free fel-free fel-free fel-free, the right-hand fel-free fel-free, and the right-hand fel-free fel-free feling (damage to a third party). At the same time, the Defendant did not take necessary measures to damage the fla

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A written diagnosis (D) and written estimate;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on comprehensive analysis and response of traffic accidents, photographs of flying objects at the scene of an accident, photographs of suspected vehicles, investigation reports (an investigation into a specific vehicle for an advance traffic accident);

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

1. Selection of penalty: Selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.