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(영문) 대구지방법원 2014.09.04 2014고단2682
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, 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

1. A person who is engaged in driving of a c1 ton cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On February 25, 2014, the Defendant driven the above cargo vehicle on the 19:05, and continued to drive the said vehicle on the 19:00-lane of the two-lane 200-lane radius near the Yancheon-gun, Gyeongcheon-gun, Gyeongcheon-do, at the speed of 70km per hour at the speed of 70km.

Since there is a lot of vehicle traffic volume and a place where the view is not secured, a person engaged in driving service has a duty of care to thoroughly look at the front side and properly manipulate the steering direction and brakes so that a vehicle can stop immediately or avoid it if there is an old-age obstacle, etc., a person engaged in driving service has a duty of care to reduce the speed or secure a safe distance.

Nevertheless, the Defendant neglected to do so and stopped at the front of the cargo vehicle of the Defendant, after driving the victim D (the 30-year-old x-car) EX car, which was parked due to the street obstacles, etc. at the front of the road.

As a result, the Defendant, by occupational negligence, sustained injury to the above victim, such as brain-dead sugar and dunes, which requires medical treatment for about three weeks, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim or removing traffic risks or obstacles, even though the above victim’s driver’s vehicle was damaged to a considerable amount of KRW 2,848,679.

2. On June 2008, the Defendant violated the Automobile Management Act: (a) around 2008, the Defendant used a paint board in the size of a vehicle license plate; (b) applied a twit box in the dwelling of the F of the F of Daegu-gun, using a twit bag; (c) applied a green paint and a white paint in the the theme; and (d) applied a white paint among them.

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