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(영문) 대전지방법원 홍성지원 2015.07.15 2015고단279
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On November 7, 2012, the Defendant was sentenced to six months of imprisonment with labor for the crime of interference with business in the Hongsung Branch of the Daejeon District Court on April 25, 2013, and the judgment became final and conclusive on April 25, 2013. On March 23, 2013, the Defendant was released from the Hong Prison on the same day, and the execution of the sentence was terminated on the same day.

【Criminal Facts】

1. A thief was parked at the victim E’s parking lot located in Chungcheong-gun C on March 26, 2015, around 19:40, the Defendant thief was on board the victim E-owned Frano 4.5 tons dump truck, and driven the train.

Accordingly, the defendant stolen the victim's property.

2. On March 26, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and operated a GRano 4.5 tons dump truck from the D Company parking lot located in Chungcheongnam-nam budget-gun C to the front way of the luminous joint wholesale market located in the same Ri, as described in paragraph (1) at a section of about 2km from the section of 2km to the front day of the same Ri.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), Violation of the Road Traffic Act (Measures Taken after Accidents), and the violation of the Road Traffic Act by driving a dump truck above the date and time under paragraph (2) of the same Article, the Defendant continued to turn to the left on the face of the budget station from a remote distance range range from the two-lane road of the driving distance of the driving distance in the Jeju branch of the budget-Singu Seoul Metropolitan Government.

Since the location was a private-distance intersection where signal lights are installed, in such cases, a person engaged in driving a motor vehicle has a duty of care to live well in the traffic situation of the intersection in advance and to enter the intersection in accordance with signals.

Nevertheless, the Defendant’s negligence, without accurately examining the traffic signal and traffic situation in advance, can be said to be the left-hand turn-hand turn-on of the stop line, and the part on the left-hand side of the I car driven by the victim H(W, 50 years old) driving through the above intersection according to the normal signal.

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