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(영문) 대구지방법원 경주지원 2014.02.06 2013고단760

특정범죄가중처벌등에관한법률위반(도주차량)등

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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.

(e).

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C-Vehicles.

At around 22:50 on May 27, 2013, the Defendant operated the said car without a driver's license, and proceeded with the national highways No. 7 in front of the Hocheon-dong, Seocheon-si, Seocheon-si, by using the two-lanes of the two-lanes from the front side of the racing.

At the time, the driver was at night, and there was a road bending to the left side of the defendant's direction where the central line is installed. In such a case, the driver of the motor vehicle had a duty of care to show the traffic situation of the front side and to prevent the accident in advance by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and got the victim to go beyond the center line on the two-lane side of the victim D(49 years old) driving along the two-lane due to the negligence going beyond the center line, and led the victim to go beyond the above cargo vehicle of the victim driving.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim D to suffer injury to the victim D, such as the base for treatment for about two weeks, the base for chills, tensions, etc. at the same time, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim D while destroying the cargo loaded on the above cargo vehicle owned by the victim F, which amounting to KRW 12,962,416, such as the exchange of freezing towers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Details of driver's license revocation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act concerning criminal facts.