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(영문) 대전지방법원 2014.10.17 2014고단934

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On January 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dokju) driven a CMW740-car and driven a CMW740-car, and driven a three-lane road in front of the Daejeon Daejeon-gu Daejeon at about 70 km from the 5rd to the Hongdo Intersection. The Defendant was under the duty of care to secure and proceed with the safety distance that could be avoided in the event that the car stops due to the behind the Esckian car of the victim D's D's D's driving, and was under the duty of care to ensure and proceed with the safety distance that could be avoided in the event that the car stops. However, the Defendant was under the duty of care to find out the Sckn vehicle stopped due to the negligence of driving the vehicle in the vicinity and was under the duty of care to avoid it late, but failed to avoid it, and the part of the vehicle behind the Defendant's driver's driver's vehicle was in front of the Defendant.

As a result, the Defendant, by negligence in the course of business, committed a stop and escaped without taking measures such as aiding and abetting the victim while getting the victim to receive a safe-cut care for about three weeks.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a car with CMW740 that was not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of statutes governing mandatory insurance information;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] traffic crime group and traffic accident group.