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(영문) 대구지방법원 2012.09.07 2010노3551
특정범죄가중처벌등에관한법률위반(도주차량) 등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

1. The summary of the grounds for appeal [the point of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (as to the operation of mandatory insurance on April 13, 2012 and on April 13, 2012)] was true on April 13, 2010 when the accident site of this case was passed on April 13, 2010, but there was no fact that the defendant driven at the same place at around 01:45 on the same day as indicated in this part of the facts charged, and there was no fact that the victim was overworking.

Nevertheless, the court below determined that the defendant escaped without taking measures, such as stopping the victim immediately after driving the victim with the vehicle driven by the defendant at the time and place stated in this part of the facts charged, and providing relief to the victim. The judgment of the court below is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.

2. Summary of the facts charged

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person who is engaged in driving a D car.

On April 13, 2010, the Defendant driven the said car while under the influence of alcohol on April 13, 2010, and proceeded front of the road E in front of the Cheongsong-gun, Cheongsong-gun from Fside to the Cheongsong.

At the time of night, the defendant engaged in driving of a motor vehicle had a duty of care to prevent the accident in advance by driving the motor vehicle safely by keeping the front door well.

Nevertheless, the Defendant neglected to do so and found the victim G (the age of 43) late, followed the victim by the said passenger car, and caused the victim to die due to multiple, long-term damage on the job.

Although the Defendant caused the death of the victim by occupational negligence above, the Defendant immediately stopped and escaped without taking measures.

B. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a DB passenger car that was not covered by mandatory insurance, and (1) around 12:00 on April 12, 201, the Defendant is a public restaurant in the Cheongong-gun, Cheongwon-gun, Chungcheongnam-do.

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