(영문) 대구지방법원 영덕지원 2015.04.29 2015고단19

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(영문) 대구지방법원 영덕지원 2015.04.29 2015고단19

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving vehicles of 31 ton cargo vehicles;

On September 25, 2014, at around 17:55, the Defendant driven the above cargo without obtaining a driver's license, and led the Defendant to turn to the left at the left, while driving a road ahead of the gingular distance in the territorial sea, the territorial sea and high school.

The location is one-lane road in which the center line of yellow-ray is installed. At the time, the victim D(W, 38 years old) driving E K3 cars are overtaking the Defendant's cargo vehicle, so the person engaged in driving of the vehicle has the duty of care to safely turn to the left according to the intersection line after the vehicle is well observed and reaches the intersection stop line and the traffic on the right and the right and the right and the right and the right and the right and the right and the right are reached.

Nevertheless, the defendant neglected this and neglected to turn left at the center line, and received the victim's right side in front of the left side of the cargo vehicle of the defendant.

As a result, the Defendant committed the above occupational negligence by causing injury to the Victim D and the Victim F (the 5 years old), who is the partner of the victimized vehicle, to each two-day medical treatment, and at the same time, the repair cost of KRW 1,057,948, did not take necessary measures, such as providing relief to the victims, even though the said vehicle was damaged to the extent that the 1,057,948 won was damaged.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in paragraph (1) of this Article, including driving of the above cargo without obtaining a driver’s license, and driving of the above cargo without obtaining a driver’s license in the section of approximately 12K in the Young-gun, Young-gun, Young-gu.

3. The defendant violating the Guarantee of Automobile Accident Compensation Act shall be the date and place mentioned in paragraph (2).

참조조문

-도로교통법

-자동차손해배상 보장법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-대구지방법원 영덕지원 2016.04.27 2015고단274

-대구지방법원 영덕지원 2017.09.27 2017고단214