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(영문) 광주지방법원 2016.09.08 2016고단2693

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of the salary class C and the 1 ton of cargo vehicle in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed measures after accidents);

On May 2, 2016, the Defendant driven the above cargo without obtaining a driver's license on 09:10 on May 2, 2016, and proceeded along the two-lanes from the south side of the Sungbuk-distance Nari-ro, the front side of the Sungbuk-si, which is located in the Nasisan-si, along the two-lanes from the south side to the large apartment at a speed of about 30km/h of speed towards Gwangju.

Since there is a place that combines with the immediately straighted vehicle after the right ofpass, a person engaged in driving service has a duty of care to check whether or not the vehicle has been a vehicle prior to the right of access to the straight lane and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and failed to discover a bus No. 160 under the e New-ro fishing reporting speed, which was driven by the injured party D (year 41) who was going to Gwangju from the right side in accordance with the end of the bus due to the negligence of entering the straight line, and caused the collision with the rear part of the cargo vehicle loaded.

As a result, the Defendant, by negligence in the course of performing the above duties, suffered a light fluoral fluorum in need of treatment for about two weeks, and at the same time, went away from the site without immediately stopping the bus to take necessary measures, such as providing relief to the victim, even though the bus was damaged by the repair cost equivalent to KRW 1,139,600, such as the exchange of fluoring a fluor.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of the said cargo at a section of about 25 km from the Defendant’s house located in the F of the week without obtaining a temporary driver’s license as stipulated in paragraph (1) to the front road of the said Defendant’s house.

Summary of Evidence

1. Defendant's legal statement;

1. D. D.