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(영문) 대구지방법원 영덕지원 2017.09.27 2017고단214

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 7, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law in the Young-gu District Court’s Young-gu District Court’s Young-gu branch on April 6, 2016, and the execution of the sentence was terminated on April 6, 2016. On July 22, 2016, the Defendant was sentenced to one year of imprisonment due to a violation of road traffic law (driving), and the execution of the sentence was terminated on May 29, 2017.

1. On July 11, 2017, from around 17:00 to around 20:30, the Defendant driving a DNA cargo vehicle without obtaining a driver’s license, within approximately 12 km from the road in front of the Defendant’s residence in Yong-Gun, to the front road of the Defendant’s dwelling in the territorial sea located within the same military area, via a public health clinic within the territorial sea located within the same military space, from the road in front of the Defendant’s dwelling in the above place.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant driven the above cargo truck, which was not covered by mandatory insurance, at the time and place mentioned in paragraph (1).

3. The Defendant is a person who is engaged in the driving of a DNA cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

While the Defendant was driving the above cargo vehicle at the time of the day set forth in paragraph 1, the Defendant continued to drive a road prior to the entrance of the village E in Yong-gun, Young-gun at approximately 60km per hour according to the speed of 1 lane from the surface of the territorial sea to the nutritional water surface.

Since there is a place where the vehicle is passed by the opposite line, in such a case, the driver of the vehicle has a duty of care to see the front line as well as to drive the vehicle safely.

Nevertheless, the Defendant, who neglected this and did not properly look at the strokes while driving strokes, is driving the victim F (65 years old) who was under normal course in the opposite direction along the vehicle.