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(영문) 대전지방법원 서산지원 2014.06.12 2013고단973
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The Defendant is also a person engaged in driving of C Dok Track trucks, even in violation of the Aggravated Punishment, etc. of Specific Crimes Act.

At around 00:29 on December 15, 2013, the Defendant driven the said vehicle, leading to the front of the intersection road in the Siljin-si, Siljin-si, from the right edge to the new direction.

At the time, accident places are at night and in this case, there was a duty of care to see the front and rear left well to the person engaged in the driving of motor vehicles, and to accurately operate the steering and brakes and to drive them safely.

Nevertheless, the Defendant neglected this and went away without taking necessary measures, such as providing relief to the victim, while receiving the body part of the victim D (the age of 60) crossing the road as the front part of the Defendant’s vehicle, resulting in death due to cardiopulmonary function suspension, etc. on the job.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated C Coindo Track trucks, which did not purchase mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. On-site photographs and on-site photographs of accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 5-3 (1) 1 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, and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation (the point of operating mandatory insurance vehicles and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up a long-term punishment);

1. A serious accident occurs in the course of the criminal defendant's driving in the reason of sentencing for discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as the following reasons for sentencing).

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