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(영문) 대전지방법원 서산지원 2012.09.14 2012고단372

특정범죄가중처벌등에관한법률위반(도주차량)등

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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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Defendant is a person engaging in driving a vehicle with CSS5 vehicles;

At around 18:55 on November 1, 201, the Defendant driven the said car, and proceeded with the front letter from the first place on the front side of the Danjin-gun, Chungcheongnam-gun, Chungcheongnam-do, to the front representative of the Dan-Eup, if the number of vehicles in the first place on the front side of the Dan-gu, Chungcheongnam-do.

At this point, since the center line of the yellow-ray was a road bended to the right, the defendant engaged in driving the motor vehicle had a duty of care to safely proceed along his/her lane and prevent accidents.

Nevertheless, the Defendant neglected to drive the vehicle on a full-time basis while driving the vehicle on the left-hand side of the track, which is an agricultural machine driving by the victim D (the age of 48) who was driving in the opposite lane due to the negligence in the course of the duty that gets over the center line, was shocked by the front part of the vehicle's seat.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the salt and tension that requires treatment for about two weeks, but did not immediately stop and take necessary measures, such as aiding the victim and informing the victim of his/her personal information, and went away from the site by getting out of the vehicle to a hospital, and going out of the site by getting out of the vehicle.

2. The Defendant violated the Road Traffic Act, at the time, at the place, as described in paragraph 1, destroyed part of the cater and wheelchairs by shocking the cater owned by the victim D due to occupational negligence, such as the date and time specified in paragraph 1, and at the place, and damaged the sum of repair costs to exceed KRW 1750,000.

3. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate any automobile on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the CMF5 car that is not covered by the mandatory insurance at the same time and at the same place.

Summary of Evidence

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