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(영문) 전주지방법원 정읍지원 2015.04.14 2015고단92
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. The accused is a person engaging in driving service of salary class C and 3 truck for violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On October 26, 2014, the Defendant driven the above truck without obtaining a driver's license at around 18:50 on October 26, 2014, and proceeded at the speed of two lanes in front of the Eriju station located in Si/Y in Si/Yan-si, at the high side of Si/Yan-gun, in which the speed of Si cannot be known in accordance with the speed of Si/Eup.

At the same time, the Defendant had the duty of care to secure and proceed with the safety distance that can be avoided in the event that the driver was well able to see the situation and the driver was stopped.

Nevertheless, the Defendant neglected this and found the Plaintiff at a late time while driving the horse, and took an urgent action to avoid this. However, the Defendant failed to take the measure so that the Defendant got out of the front part of the truck, thereby getting the victim back to the ground.

Ultimately, the Defendant, by negligence in the above occupational negligence, caused the death of the victim due to brain injury, and at the same time, did not stop immediately and escape without taking necessary measures, such as aiding and abetting the victim, even though he destroyed the chilling flag to the extent that he would scrap up approximately KRW 5.70,00.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of Cwing truck without obtaining a driver’s license at the time and place specified in paragraph (1) as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A traffic accident report1, a traffic accident report2, and a traffic accident report;

1. Registers of driver's licenses, and car4;

1. A death certificate;

1. On-site photographs;

1. Written estimate;

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