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(영문) 대전지방법원 천안지원 2014.02.20 2013고단1673

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 16, 2013, the Defendant driven a Category C cargo vehicle without a mandatory insurance without obtaining a driver's license on October 20:05, and passed through a wind engineer distance in Asan-si Pung-dong at the surface of the helung-dong at the surface of the helung-dong through an apartment screen. Since the area is a shooting distance where signal lights are installed and the traffic control is performed under the new code, the driver has a duty of care to prevent accidents due to safely passing through the intersection in a way that does not interfere with the passage of other vehicles according to the new code. However, the Defendant neglected his duty of care to prevent accidents due to the failure to stop and enter the intersection as it was, instead of due to the negligence of entering the intersection, caused damages to the right side of the victim D(63 years old) who passed the intersection from the left side of the above cargo vehicle to the intersection in accordance with the new code, and caused damages to the victim at the same time, 300 hours off the right side of the said passenger vehicle, and 30 weeks off the above 4 hours off.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes, Chapter XI, such as the report on traffic accident, mandatory insurance, car driving license, inspection report, medical certificate, automobile inspection and maintenance estimate, investigation report (accident circumstances, person involved in the accident, statement of the person involved in the accident, estimate, and insurance relationship for the victim), and photograph;

1. Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts.