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(영문) 대구지방법원 2020.08.14 2020고단2811
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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 B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On May 8, 2020, the Defendant driven the above cargo without obtaining a driver's license on May 15:26, 2020, while driving a three-lane road from the crd to the Gyeongsan Police Station, which is located in the 38-lane of the Gyeongsan-si.

At the same time, there are many vehicles waiting for the signal at the same time, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brakes and other devices of the vehicle and safely driving the vehicle to prevent accidents.

Nevertheless, the Defendant neglected to operate the brakes and steering gear in an accurate manner and caused a vehicle driven by the Defendant to be driven by approximately 4 to 5 meters later from the left side of the Defendant at the time when the Defendant got off the vehicle driven by the Defendant, which was sent by the victim D (W, 35 years old) who was in the front side of the vehicle driven by the Defendant at the right side of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence as above, and at the same time, did not immediately stop the damaged vehicle so as to make it difficult for the victim to bear repair expenses, and escaped without taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (free license) provides that the Defendant does not obtain a driver's license at a section of about 3 km from the place specified in paragraph (1) to the same city-wide road through the place specified in paragraph (1).

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