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(영문) 대구지방법원 서부지원 2014.10.06 2014고단1159
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a person who is engaged in driving of CPoter 2 cargo vehicles.

At around 16:40 on July 15, 2014, the Defendant driven the above cargo without obtaining a driver's license on the first side of the Seocho-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, and proceeded with yellow knife-knife-knife-knife-kin.

Since there is an intersection where traffic control is not performed, there was a duty of care to prevent accidents in advance by making the front door and the left and the right of the driver of the motor vehicle well and by temporarily suspending the speed.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to the negligence of the Defendant, and received the part on the left-hand side of the victim D(SU125V) driving, which was going to the front-way post office, from the marth of the marb by the marth of the mard intersection, as the front-way part of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pelvise executive officer, etc. who requires treatment for about six weeks at the left-hand side, and at the same time, damaged the above motorcycle to the sum of 6.10,000 won, and did not take measures such as aiding the victim or preventing and removing any danger to traffic, while checking the status of the victim who was lowered from the cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Registers of driver's licenses;

1. Application of the police statement law to D;

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 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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