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(영문) 대구지방법원 포항지원 2014.08.06 2014고단490
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 drives a C-hurd vehicle by the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, violation of the Road Traffic Act, and violation of the Road Traffic Act;

On December 20, 2006, the Defendant was sentenced to a suspended sentence of two years and a fine of one million won for a violation of the Road Traffic Act, etc. at the port branch of the Daegu District Court on June, 2006. On May 3, 201, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on May 3, 201, and on December 15, 201, the summary order of KRW 5 million was issued, respectively.

On March 23, 2014, the Defendant driven the said vehicle under the influence of alcohol level of 0.134%, without obtaining a driver’s license on March 23, 2014, and operated the said vehicle under the influence of alcohol level of 0.134%, the Defendant was driving the above road on the bridge of the New Minecheon-gu, South-gu, Yacheon-gu, Yacheon-gu, Yan-gu

Since the width of a road is narrow, in such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering right and the steering gear while lowering the speed.

Nevertheless, the defendant's negligence of driving the vehicle as it is and caused the conflict between the victim D (W, 24 years old) who temporarily stops in the opposite direction, and the left-hand door of the EM5 vehicle, which is the upper left-hand side of the said EM5 vehicle.

As a result, the Defendant suffered injury to the victim, such as the catum cat, etc. requiring medical treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant did not immediately stop the damaged vehicle with the damaged vehicle repair cost of KRW 1,720,731 and escaped without taking necessary measures, such as providing rescue to the victim.

2. The mandatory insurance which violates the Guarantee of Automobile Accident Compensation Act shall not be subscribed;

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