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(영문) 대구지방법원 2016.10.13 2016고단3131
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On May 4, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) at around 15:55, the Defendant driven a C-wing-III truck without obtaining a driver’s license in a section of about 7km from the section of approximately 7km to the front road of the lux oil station located in Pyeong-si, Busan Metropolitan City, through the entrance of the Southern-dong village located in the south-do, Sinsan-si.

2. A person who is engaged in the business of driving the Cwing and freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents).

On May 4, 2016, at around 15:55, the Defendant driven the above cargo at the entrance intersection at the south-dong village located in the Southern-si, Busan-si, and proceeded at a speed of about 40 to 50km per hour, depending on the two-lane of the 3-lane road from the view of light acid viewing.

At that time, there was a duty of care to take part in driving duty by accurately operating the operation system and steering gear in a safe speed and manner, because other vehicles are standing in the front door of the signal line.

Nevertheless, the Defendant neglected to operate the brakes without a license and did not properly operate the brakes, and did not avoid the Defendant’s e-mail vehicle of the victim D (the 42-year-old driver) who stops in the signal atmosphere at the bee bank. The Defendant continued to receive the victim’s rearer of the above damaged cargo due to the fronter of the cargo driven by the Defendant, and continued to stop the said damaged cargo vehicle in the future due to its shock, and did not avoid the collision of the victim F.F. (the 38-year-old driver) who stops in the signal signal at the front, and did not avoid the collision of the damaged cargo in the front direction. The Defendant got the backer part of the said damage vehicle by the fronter of the said damage vehicle.

Ultimately, the Defendant committed an occupational negligence to the victim D.

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