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(영문) 대전지방법원 서산지원 2012.07.06 2012고단212
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 (AD) and the Road Traffic Act (Non-accident) are those who are engaged in driving of B observers car.

Around 15:52 on December 18, 201, the Defendant driven the said car and proceeded at a speed of about 80 km from the west through the speed of two-lanes of the national industry in front of the national industry located in the Seosan-si, Seosan-si, the flow of two-lanes from the west-do to the west-si. The Defendant had a duty of care to keep and operate the safety distance by lowering the speed of the vehicle as a person engaged in driving the vehicle.

However, the Defendant did not neglect such care and found the above cargo vehicle late to the next and operated the vehicle at the speed, but did not stop the vehicle, and received the rear part of the above wing vehicle as the front part of the vehicle.

The Defendant, by its occupational negligence, sustained injury to the victim C, such as salt and tensions that require treatment for about five weeks, and at the same time, did not immediately stop the said cargo vehicle so that repair costs equivalent to KRW 328,907, and did not take necessary measures, such as providing relief to the victim or managing accidents.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile not covered by mandatory insurance;

However, the Defendant, without purchasing mandatory insurance, operated B observer car as above at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts;

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