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(영문) 전주지방법원 군산지원 2014.10.22 2014고단759
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a holder of CV10 Freight, who is engaged in driving of the said freight vehicle.

On June 21, 2014, at around 21:25, the Defendant operated the foregoing cargo vehicle under the influence of 0.137% of blood alcohol concentration, which was not covered by mandatory insurance, and proceeded with the road in front of the "CBS Transmission Station located in Osan-si, Osan-si, Osan-si, Osan-si, the Defendant failed to discover the victim D (Nam, 65 years of age) who was cleaning the Track on the right side of the front bank due to negligence while neglecting the duty of the front state-Gun guard, and caused the victim to go beyond the road by taking the body of the victim as the front part of the said cargo vehicle.

On June 22, 2014, the Defendant caused the death of the victim by failing to take necessary measures, such as providing relief to the victim after stopping a traffic accident immediately after the occurrence of the traffic accident, and caused the death of the victim by means of an low blood shock by the heat and the blood transfusion shock at the Ganwon University Hospital located in 895, Ganwon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic 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 Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 53 and 55(1)3 of the Criminal Act).

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