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(영문) 창원지방법원 통영지원 2016.11.28 2016고단865

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

1. On October 13, 2015, the Defendant violated the Road Traffic Act (free license) driving of a D wing-off truck without obtaining a driver’s license for a section of about 4 km from the coast road in the fixed east at a time to the front of the Defendant’s residence in the same city C from the coast road in the same city at a time to the east of the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dowing Vehicles) is a person who is engaged in driving DNA franchising cargo vehicles.

On October 13, 2015, the Defendant driven the above cargo vehicles on October 13, 2015, and led the front road to the opening of the reading center in the front of the road at the time of through-run.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering system, brakes and other devices of the motor vehicle, and by safely driving the motor vehicle.

Nevertheless, the defendant neglected to do so and proceeds as it is.

In the left side of the victim F(34 years of age), which was galed by the defendant, at the left side of the defendant's running direction, the indictment is called "clurler" as to the defendant's cargo driver's seat. However, each image of CCTV screen pictures and CCTV screen CDs, each image of CCTV screen pictures, it is apparent that a clurler is a hurler, and as to the fact that a hurf is a hurf with the victim, the defendant raised an objection against the hurf, as there is no special obstacle to the guarantee of the right of defense, the defendant changed ex officio to recognize it.

Ultimately, when the Defendant sustained injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been mandatory insurance;